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Robert Hayden Nesbitt, Jr v. Francisco Jacquez

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


February 25, 2010

ROBERT HAYDEN NESBITT, JR., PETITIONER,
v.
FRANCISCO JACQUEZ, WARDEN, RESPONDENT.

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

ORDER

On January 28, 2011, the undersigned denied petitioner's motion for discovery, denied petitioner leave to amend his petition to add a claim of ineffective assistance of counsel and set the briefing schedule. On February 8, 2011, petitioner filed a request for reconsideration to the district judge of the two rulings and, on February 22, 2011, petitioner sought a stay of the briefing schedule pending a ruling on the reconsideration request. Petitioner's counsel indicates that the request for a stay is unopposed by respondent's counsel.

The court will construe the request for a stay as a request to vacate the briefing schedule pending the ruling on the motion for reconsideration.

Accordingly, IT IS ORDERED that:

Petitioner's unopposed request for a stay, filed on February 22, 2011 (docket # 36), construed as a request to vacate the briefing schedule as set forth in the Order, filed on January 28, 2011 (docket # 34), is granted, pending a ruling on the reconsideration request

GGH:009 nesb2821.ord4

20100225

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