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Timothy Stayer v. M. Mcdonald

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


February 23, 2011

TIMOTHY STAYER, PETITIONER,
v.
M. MCDONALD, RESPONDENT.

ORDER

Petitioner, a state prisoner, proceeds through appointed counsel with a second amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed an unopposed motion for leave to file a supplemental brief in support of the second amended petition and traverse, accompanied by a proposed briefing schedule to which respondent has agreed. The purpose of the requested supplemental briefing is to address a change in the law arising out of the recent decision of the United States Supreme Court in Harrington v. Richter, 131 S.Ct. 770 (2011).

Good cause appearing, the motion is GRANTED, subject to the following briefing schedule: Petitioner's supplemental brief shall be filed within 30 days of the date of this order. Respondent may file a supplemental brief within 30 days after the filing of petitioner's supplemental brief, and petitioner may file a reply within 15 days after the filing of respondent's supplemental brief.

IT IS SO ORDERED.

20110223

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