Opinion
2:22-cv-00519 DB P
06-06-2023
MARLON L. ROBERSON, Petitioner, v. S. PEERY, Warden, Respondent.
ORDER
DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner, proceeds pro se with an application for writ of habeas corpus under 28 U.S.C. § 2254. Respondent's motion to vacate (ECF No. 19) is before the court.
Respondent states that in addition to the instant action, petitioner has filed a second action challenging the same sentence. See Roberson v. People of the State of California and S. Peery, 2:22-CV-1557 DAD JDP (HC). Respondent is moving to consolidate these actions and requests the court to vacate the order requiring respondent to file a response in the instant action until the court has ruled on the motion to consolidate filed in Roberson v. People of the State of California and S. Peery, 2:22-CV-1557 DAD JDP (HC).
Good cause appearing, IT IS HEREBY ORDERED as follows:
1. Respondent's motion to vacate (ECF No. 19) is GRANTED.
2. The briefing schedule in the order signed on April 4, 2023 (ECF No. 16) is VACATED. The court will issue a new briefing schedule in this action after the court has ruled on the motion to consolidate filed in Roberson v. People of the State of California and S. Peery, 2:22-CV-1557 DAD JDP (HC).