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Rivera v. Hartley

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 3, 2010

FRANK RIVERA, PETITIONER,
v.
JAMES D. HARTLEY, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING AS MOOT PETITIONER'S MOTION TO VACATE STAY AND DIRECT THE FILING OF A RESPONSE TO THE PETITION

(Doc. 36)

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 that was transferred to this Court from the United States District Court for the Central District of California. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. Pending before the Court is Petitioner's motion to vacate a stay and to direct the filing of a response to the petition.

By order filed on July 22, 2010, this Court denied Petitioner's motion for a stay and directed the Respondent to file a response to the petition.

Accordingly, it is ORDERED that Petitioner's motion to vacate a stay and direct the filing of a response is DENIED as moot.

IT IS SO ORDERED.

20100803

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