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Winn v. Lamarque

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


September 5, 2008

RONNIE WINN, PETITIONER,
v.
ANTHONY LAMARQUE, RESPONDENT.

ORDER

Petitioner is a state prisoner with counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On August 29, 2008, counsel for petitioner inquired into the status of this case and alerted the court to the fact that this matter has been submitted for decision for at least three years.

The background of this case is relatively straightforward. The matter proceeds on the November 10, 2003, petition. Respondent answered on January 24, 2005, and petitioner filed a traverse on March 25, 2005. The matter therefore is submitted for decision and, in due course, the court will issue findings and recommendations. However, this court faces a tremendous backlog of habeas petitions. From January 1, 2004 through December 31, 2007, California prisoners commenced more than 2,600 actions seeking habeas corpus relief from the Sacramento Division of the United States District Court for the Eastern District of California. Thus, while the court is aware that petitioner's application has been submitted for some time now, others have been submitted longer. It is the policy of this court to resolve habeas petitions in the order in which they were submitted for decision. The court is aware of petitioner's case and as long as petitioner keeps the court informed of any change of address, no further action on his part is necessary.

So ordered.

20080905

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