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Brewer v. Runnels

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 30, 2008

RICHARD ANTHONY BREWER, PETITIONER,
v.
D. L. RUNNELS, WARDEN, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner, proceeding with appointed counsel, has filed a petition pursuant to 28 U.S.C. §2254. The original pro se petition was filed on 2/23/06; petitioner's first amended petition, filed by counsel on behalf of petitioner, was filed on 12/12/07. On 1/04/08, petitioner filed a motion for stay and abeyance, pending exhaustion of state court remedies as to a claim of ineffective assistance of counsel, which respondent opposed. Subsequently, on July 22, 2008, petitioner informed the court that the claim(s) for which petitioner sought a stay in this court had been exhausted in the state supreme court in the form of a summary denial on July 16, 2008. Therefore, the court will vacate petitioner's pending motion for a stay as moot.

Petitioner, on July 22, 2008, also filed a motion for reconsideration of this court's denial of petitioner's discovery motion, by Order, filed on 9/12/07, contending that the undersigned's denial of that motion was predicated primarily on petitioner's having failed to exhaust state court remedies. Any response by respondent to the motion will be due in twenty days.

Accordingly, IT IS ORDERED that:

1. Petitioner's 1/04/08 (# 39), motion for a stay is vacated as moot;

2. Any response to petitioner's 7/22/08 (# 44), motion for this court to reconsider its 9/12/07 (# 31) denial of petitioner's motion for discovery should be filed within twenty days of the date of this order, after which the matter will be deemed submitted.

20080730

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