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Galindo v. Foulk

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


October 26, 2010

ABRAHAM GALINDO, PETITIONER,
v.
ED FOULK, EXECUTIVE DIRECTOR, RESPONDENT.

ORDER

Petitioner, a civil detainee, is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In accordance with the court's April 2, 2010 order, petitioner has filed a motion for a stay and abeyance.*fn1 Respondent, however, has not filed and served an opposition or a statement of non-opposition to the motion as previously ordered.

Good cause appearing, IT IS HEREBY ORDERED that:

1. Petitioner's April 29, 2010 motion for a stay and abeyance (Doc. No. 26) is stricken. The case shall proceed on petitioner's May 4, 2010 motion; and

2. Within twenty-one days of the date of this order respondent shall file and serve an opposition or a statement of non-opposition to petitioner's May 4, 2010 motion for a stay and abeyance and shall show cause in writing why sanctions should not be imposed for the failure to file a timely response.


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