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Ramirez-Salgado v. Scribner

July 25, 2008

JOSE RAMIREZ-SALGADO, PETITIONER,
v.
LARRY E. SCRIBNER, ET AL., RESPONDENT.



The opinion of the court was delivered by: Hon. William McCurine, Jr. U.S. Magistrate Judge United States District Court

ORDER DENYING RESPONDENTS' REQUEST FOR STAY

On June 30, 2008, Respondents filed a Request for Stay Pending Issuance of the Mandate in Hayward. [Docket No. 6.] Having reviewed Respondents' motion, the Court concludes that a stay pending the Ninth Circuit's decision in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, __ F.3d__, No. 06-55392 (9th Cir. filed May 16, 2008), is not warranted. Respondent has not demonstrated a strong compelling reason to delay the briefing until a ruling had been issued in the above captioned case. Therefore, Respondents' request is DENIED.

Respondents shall file an answer or other responsive pleading on or before September 1, 2008. Petitioner may file a traverse on before October 3, 2008.

IT IS SO ORDERED.

20080725

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