Opinion
3:11-cv-00112-ECR-WGC
09-26-2012
ROBERT ROYCE BYFORD, Petitioner, v. RENEE BAKER, et al., Respondents.
ORDER
On May 18, 2012, petitioner filed a motion for leave to file a second amended petition. ECF No. 27. Respondents filed a response indicating that they did not object to the filing of the pleading, with the one condition that petitioner provide a statement of exhaustion as required by LSR 3-1 and Rule 2 of the Rules Governing Section 2254 Cases in the Federal District Courts. ECF No. 38.
Petitioner has filed a second amended petition that contains a statement of exhaustion with respect to the claims contained therein. ECF No. 46.
IT IS THEREFORE ORDERED that petitioner's motion for leave to file a second amended petition (ECF No. 27) is GRANTED nunc pro tunc as of September 4, 2012.
IT IS FURTHER ORDERED that respondents shall file their response to petitioner's motion for stay and abeyance (ECF No. 31) within thirty-five (35) days of the date this order is entered.
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UNITED STATES DISTRICT JUDGE