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Villa v. Evans

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 26, 2007

EDWARD VILLA, PETITIONER,
v.
M.S. EVANS, WARDEN RESPONDENT.

The opinion of the court was delivered by: Jan M. AdlerU.S. Magistrate Judge

ORDER REQUIRING RESPONSE TO PETITIONER'S MOTION REQUEST TO STAY FEDERAL PROCEEDINGS

On January 3, 2007, Petitioner filed a Petition for Writ of Habeas Corpus. [Doc. No. 1.] On April 16, 2007, Petitioner filed a Motion Request to Stay Federal Proceedings. [Doc. No. 8.] The motion requests that the Court stay these proceedings while Petitioner exhausts state remedies as to unexhausted "Claim #5."

Accordingly, IT IS HEREBY ORDERED that Respondent shall file a response to Petitioner's motion for stay on or before June 1, (this response will serve to fulfill the obligation to respond set forth in the Court's March 8, 2007 Order [Doc. No. 6]). Petitioner shall file a reply on or before July 6, 2007. In his reply, Petitioner shall address whether his request for a stay meets the requirements set forth in Rhines v. Weber, 544 U.S. 269 (2005).*fn1

IT IS SO ORDERED.


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