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Davis Nguyen v. Anthony Hedgpeth

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


February 27, 2013

DAVIS NGUYEN, PETITIONER,
v.
ANTHONY HEDGPETH, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On January 22, 2013, petitioner filed a motion to stay his petition for writ of habeas corpus so that he may return to state court to exhaust a recently-discovered new claim. Although the case number on the first page of petitioner's filing is incorrect, he listed the correct case number in his declaration. (Dkt. No. 15 at 3.) Moreover, although petitioner claims he seeks a stay in lieu of filing an opposition to respondent's motion (id. at 1), and no motion has been filed in this action, petitioner's filing makes clear that he seeks to stay the instant habeas action while pursuing exhaustion of a new claim in state court. Petitioner has no other cases on file in the Eastern District of California.

Accordingly, IT IS HEREBY ORDERED that respondent shall file an opposition, or statement of non-opposition, to petitioner's motion for stay within twenty-one days from the date of this order. Petitioner's reply, if any, shall be filed seven days thereafter.

20130227

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