Opinion
No. 2:11-cv-2404 MCE KJN P
02-27-2013
DAVIS NGUYEN, Petitioner, v. ANTHONY HEDGPETH, Respondent.
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.
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE