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Baumer v. Tilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 20, 2006

WILLIAM J. BAUMER, PETITIONER,
v.
JAMES TILTON, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Cathy Ann Bencivengo United States Magistrate Judge

ORDER RE PETITIONER'S REQUEST [Doc. # 14] FOR A COPY OF ORDER DATED OCTOBER 23, 2006

This is a Petition for Writ of Habeas Corpus brought under 28 U.S.C. § 2254. On September 29, 2006, the Court received Petitioner's Motion for Stay and Abeyance of the Petition ("motion"). [Doc. # 6]. On October 23, 2006, the Court issued an order containing the requirements for demonstrating that the stay and abeyance procedure is appropriate in this case, and the briefing schedule for doing so. [Doc. # 7]. Petitioner was allowed until November 20, 2006 to file an amended motion if he so desired.*fn1 On December 6, 2006, Respondent filed an opposition to the motion. [Doc. # 11].

On December 14, 2006, Petitioner filed a request for a copy of the October 23, 2006 Order.*fn2 Petitioner states that he had not received a copy before and found out about the Order when he read Respondent's opposition.

The chambers staff will, this time only, mail a copy of the Order to Petitioner's current address on the docket. The Court notes that Petitioner has already filed two supplemental documents related to his motion. [See doc. ## 10, 14]. However, considering that Petitioner has not had an opportunity to review the requirements for demonstrating that stay and abeyance is appropriate for his Petition, he is given until January 22, 2007 to file a reply to Respondent's opposition.

IT IS SO ORDERED.


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