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Henderson v. Martel

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


March 3, 2010

TOMMY HENDERSON, PETITIONER,
v.
MICHAEL MARTEL, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In accordance with the court's order filed October 1, 2009, petitioner has filed a renewed motion for a stay and abeyance.

Since petitioner may be entitled to relief if the claimed violations of constitutional rights are proved, respondent will be directed to file an opposition or a statement of no opposition in response to petitioner's renewed motion for a stay and abeyance.

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

1. Respondent is directed to file an opposition or statement of no opposition in response to petitioner's October 16, 2009 renewed motion for a stay and abeyance within thirty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases;

2. If respondent files an opposition to petitioner's motion, petitioner shall file a reply, if any, within fifteen days after service of the opposition; and

3. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's original petition for writ of habeas corpus (Doc. No. 1), a copy of petitioner's renewed motion for a stay and abeyance (Doc. Nos. 7 & 8), and a copy of the form regarding consent or request for reassignment on Michael Patrick Farrell, Senior Assistant Attorney General.

20100303

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