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Johalmo Robles v. Matthew Cate

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


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 roble3398.brf


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