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Rudy Grant Kirby v. Greg Lewis

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


October 5, 2011

RUDY GRANT KIRBY, PETITIONER,
v.
GREG LEWIS, WARDEN, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's second renewed motion for a stay and abeyance and second amended petition.*fn1

Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner's second renewed motion for a stay and abeyance.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's renewed motion for a stay and abeyance (Doc. No. 15) is denied as moot;

2. Within thirty days of the date of this order, respondent shall file an opposition or a statement of non-opposition to petitioner's second renewed motion for a stay and abeyance, filed September 23, 2011 (Doc. No. 18); and

3. Petitioner shall file a reply, if any, within fourteen days of the date of service of respondent's opposition.


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