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Marshall v. Montgomery

United States District Court, Central District of California

January 5, 2015

Sammy Marshall
v.
W. L. Montgomery

IN CHAMBERS

HON. KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE

On November 6, 2014, Respondent filed a Motion to Dismiss arguing the Petition contained unexhausted claims that were then pending before the California Supreme Court. (ECF 16). On November 18, 2014, Petitioner filed a Motion to Stay and Abey. (ECF 18).

On November 20, 2014, the Court issued an Order to Show Cause seeking a response from Petitioner. On December 19, 2014, Petitioner filed a response to the OSC stating, among other things, that the California Supreme Court had denied his petition for writ of habeas corpus. The Court's independent review indicates the California Supreme Court denied Petitioner's petition for writ of habeas corpus on November 12, 2014.

Thus, the Court deems Respondent's Motion to Dismiss and Petitioner's Motion to Stay and Abey MOOT.

Respondent is, therefore, ordered to file an answer to the petition on or before January 26, 2015. Petitioner's optional traverse shall be filed on or before February 9, 2015. The matter will be deemed submitted on that date.


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