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Johalmo Robles v. Matthew Cate

January 11, 2011

JOHALMO ROBLES, PETITIONER,
v.
MATTHEW CATE, RESPONDENTS.



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

ORDER

Petitioner, a state prisoner proceeding with retained counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.

Petitioner has also requested that this federal petition be held in abeyance pending exhaustion of state remedies as a case is pending in the California Supreme Court. However, petitioner has not set forth any arguments demonstrating why this petition should be held in abeyance.*fn1

Within 21 days, petitioner shall file a brief indicating why this petition should be held in abeyance. Within 21 days of petitioner's filing, respondent shall file a reply.

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

1. Within 21 days, petitioner shall file a brief indicating why this petition should be held in abeyance;

2. Within 21 days of petitioner's filing, respondent shall file a reply.

3. The Clerk of the Court shall serve a copy of this order, the consent/reassignment form contemplated by Appendix A(k) to the Local Rules of this court together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General.

GGH:md ...


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