Vera v. Murphy

Filing 41

Judge F. Dennis Saylor, IV: ORDER entered. SCHEDULING ORDER (Halley, Taylor)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ________________________________________ ) ) ) ) ) ) ) ) ) ) ) JOSE VERA, Petitioner, v. JOSEPH MURPHY, Respondent. Civil Action No. 16-12457-FDS SCHEDULING ORDER SAYLOR, J. This is a pro se petition for a writ of habeas corpus made pursuant to 28 U.S.C. § 2254. On March 24, 2017, respondent moved to dismiss the petition for failure to exhaust state remedies. On May 24, 2017, petitioner moved to stay resolution of his unexhausted ineffectiveassistance claim pending the exhaustion of his state-court remedies. On June 1, 2017, the Court entered an order dismissing petitioner’s unexhausted claim. Respondent filed an answer on October 10, 2017, and petitioner filed a four-page response on February 2, 2018. On February 12, 2018, respondent filed a motion for a scheduling order. That order will be granted as follows: 1. To the extent that petitioner’s February 2, 2018 response is not a memorandum in support of his petition for a writ of habeas corpus, petitioner may file such a memorandum by April 13, 2018. 2. Respondent may file a memorandum in opposition within 60 days of petitioner’s filing of his memorandum in support. 3. To the extent that petitioner’s February 2, 2018 response is a memorandum in support of his petition for a writ of habeas corpus, respondent may file a memorandum in opposition by April 13, 2018. 4. Respondent is given leave to respond to petitioner’s request for an evidentiary hearing when respondent addresses the merits of the petition. So Ordered. /s/ F. Dennis Saylor IV F. Dennis Saylor IV United States District Judge Dated: February 13, 2018 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?