HARE v. CAREY

Full title: DANNY CHARLES HARE, Petitioner, v. TOM CAREY, et al., Respondents

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

Date published: Feb 13, 2007

No. CIV S-06-2758 GEB CMK P (E.D. Cal. Feb. 13, 2007)

Opinion

No. CIV S-06-2758 GEB CMK P.

February 13, 2007

ORDER

CRAIG KELLISON, Magistrate Judge

Petitioner has filed a status report, pursuant to the court's order. Petitioner requests 120 days to obtain and review all underlying records and to either (1) file a memorandum of points and authorities in support of the existing petition; (2) file an amended petition proceeding on exhausted claims only; or (3) a statement identifying both exhausted and unexhausted claims, together with a petition containing only those claims which are exhausted and a request to hold the petition in abeyance while the additional claims are exhausted.

IT IS ORDERED that:

1. Petitioner is granted 120 days to either (1) file a memorandum of points and authorities in support of the existing petition; (2) file an amended petition proceeding on exhausted claims only; or (3) a statement identifying both exhausted and unexhausted claims, together with a petition containing only those claims which are exhausted and a request to hold the petition in abeyance while the additional claims are exhausted.

2. Respondents shall file an answer within 45 days of petitioner filing either a memorandum of points and authorities in support of the existing petition or an amended petition proceeding on exhausted claims only.