Opinion
Case Number C 03-3232 JF.
January 24, 2007
ORDER GRANTING REQUEST FOR JUDICIAL NOTICE AND SETTING BRIEFING SCHEDULE [re: docket no. 71]
This disposition is not designated for publication and may not be cited.
On January 12, 2006, the Court issued an order striking the traverse and holding the amended petition in abeyance in order that Petitioner might return to state court to exhaust unexhausted claims. On January 4, 2007, Petitioner returned to the Court and moved for judicial notice of the habeas corpus petition filed in the California Supreme Court and the order denying that petition. The Court will grant the motion for judicial notice.
Petitioner also moves for an order establishing a briefing schedule for the case. Petitioner states in his motion that he "is happy with the original habeas corpus petition. It raise[s] all issues he seeks to raise. . . ." Motion 4. Accordingly, the Court shall consider as operative the original petition, filed July 11, 2003. The parties shall proceed with the briefing of this case according to the Court's standard schedule as if the original petition were filed on the date of this order.
IT IS SO ORDERED.