UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
April 26, 2007
EDWARD VILLA, PETITIONER,
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.