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Rudy Grant Kirby v. Greg Lewis

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 ...


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