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Fletcher v. Walker

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


August 11, 2009

ANTHONY FLETCHER, PETITIONER,
v.
JAMES WALKER, WARDEN, RESPONDENT.

ORDER

Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Several motions are pending before the court.

On June 24, 2009, petitioner filed a motion for a stay and abeyance, together with a motion to amend his petition and a proposed amended petition. On June 26, 2009, respondent filed an answer to petitioner's original petition. On July 10, 2009, petitioner filed a motion for an extension of time to file and serve a traverse. He also filed a request for status on his motion for a stay and abeyance and motion to amend. On July 15, 2009, respondent filed an opposition to petitioner's motion for a stay and abeyance and motion to amend. On July 31, 2009, petitioner filed a motion for an extension of time to file and serve a reply to respondent's opposition. On August 8, 2009, petitioner filed a timely reply.

The court will deny petitioner's motion for an extension of time to file a traverse as unnecessary in light of petitioner's pending motion for a stay and abeyance and motion to amend. In addition, the court will deny petitioner's motion for an extension of time to file a reply to respondent's opposition to petitioner's motion for a stay and abeyance and motion to amend as moot in light of the fact that petitioner's has since filed a timely reply.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner's July 10, 2009 motion for an extension of time to file a traverse (Doc. No. 14) is denied as unnecessary;

2. Petitioner's July 10, 2009 request for status (Doc. No. 15) is granted; and

3. Petitioner's July 31, 2009 motion for an extension of time to file and serve a reply to respondent's opposition to his motion for a stay and abeyance and motion to amend (Doc. No. 17) is denied as unnecessary.

20090811

© 1992-2009 VersusLaw Inc.



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