Fuentes v. Lewis et al

Filing 27

ORDER signed by Magistrate Judge John F. Moulds on 11/15/11 granting 25 Motion to lift stay. Respondents are directed to file an answer within 45 days from the date of this order. Petitioner's traverse, if any, is due on or before 30 days from the date respondents' answer is filed. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT FUENTES, Petitioner, 11 vs. 12 13 No. 2:10-cv-2873 MCE JFM (HC) GREG LEWIS, et al., Respondents. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 17 habeas corpus pursuant to 28 U.S.C. § 2254. This action was stayed on September 12, 2011 18 pending petitioner’s exhaustion of claims in the California Supreme Court. Petitioner has now 19 requested that the stay be lifted. 20 Good cause appearing, IT IS HEREBY ORDERED that: 21 1. Petitioner’s motion to lift stay is granted; 22 2. Respondents are directed to file an answer within forty-five days from the date 23 of this order. See Rule 4, Rules Governing Section 2254 Cases. Respondents shall include with 24 the answer any and all transcripts or other documents relevant to the determination of the issues 25 presented in the application. Rule 5, Rules Governing Section 2254 Cases; and 26 ///// 1 1 3. Petitioner's traverse, if any, is due on or before thirty days from the date 2 respondents’ answer is filed. 3 DATED: November 15, 2011. 4 5 6 7 /014;fuen2873.stay.lift 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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