Plascencia v. Davey

Full title: JOSE PLASCENCIA, Petitioner, v. DAVE DAVEY, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jun 24, 2015

2:14-cv-2412 WBS KJN P (E.D. Cal. Jun. 24, 2015)

Opinion

JOSE PLASCENCIA, Petitioner, v. DAVE DAVEY, Warden, Respondent. No. 2:14-cv-2412 WBS KJN P United States District Court, E.D. California. June 24, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Petitioner is a state prisoner, proceeding without counsel. By order filed February 27, 2015, the instant action was stayed pursuant to Kelly v. Small, 315 F.3d 1063, 1071 (9th Cir. 2002). Petitioner has now filed a motion to lift stay, as well as a second amended petition for writ of habeas corpus.

         Good cause appearing, petitioner's motion to lift the stay is granted. Respondent shall file a responsive pleading within sixty days.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Petitioner's motion to lift the stay (ECF No. 16) is granted;

         2. The Clerk of the Court is directed to reopen the case; and

         3. Respondent is directed to file a responsive pleading, as instructed in the December 29, 2014 order, within sixty days from the date of this order.