(HC) Dixon v. Yates, No. 2:2010cv00631 - Document 91 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Allison Claire on 04/11/16 denying 87 Motion for bail pending disposition of the petition. Petitioner may renew his motions should the district judge adopt the 3/28/16 findings and recommendations. The 05/04/16 hearing on the motion is vacated. (Plummer, M)
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(HC) Dixon v. Yates Doc. 91 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANK DIXON, 12 No. 2:10-cv-0631 JAM AC P Petitioner, 13 v. 14 JAMES YATES, 15 ORDER Respondent. 16 17 18 19 Petitioner is a state prisoner proceeding through counsel with this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By findings and recommendations filed March 28, 2016, the undersigned recommended 20 that the petition be granted. ECF No. 86. Petitioner has now filed a motion for bail pending 21 disposition of the petition (ECF No. 87), which respondent opposes (ECF No. 89). The district 22 judge has yet to rule on the findings and recommendations and respondent has indicated that he 23 intends to file an opposition (ECF Nos. 88, 89). For these reasons, the undersigned finds the 24 motion for bail to be premature. Petitioner may renew his motion should the district judge adopt 25 the March 28, 2016 findings and recommendations. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Petitioner’s motion for bail pending disposition of the petition (ECF No. 87) is denied 28 without prejudice. Petitioner may renew his motion should the district judge adopt the March 28, 1 Dockets.Justia.com 1 2 3 2016 findings and recommendations. 2. The May 4, 2016 hearing on the motion is vacated. DATED: April 11, 2016 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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