IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 5, 2011
RUDY GRANT KIRBY, PETITIONER,
GREG LEWIS, WARDEN, RESPONDENT.
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.