Njenga v. Asher

Full title: DAVID MUNGAI NJENGA, Petitioner, v. NATHALIE ASHER, et al., Respondents

Court: United States District Court, W.D. Washington, at Seattle

Date published: Apr 22, 2011

Case No. C11-265-JLR (W.D. Wash. Apr. 22, 2011)

Opinion

Case No. C11-265-JLR.

April 22, 2011

ORDER GRANTING MOTION FOR STAY OF BRIEFING UNTIL ISSUANCE OF MANDATE IN DIOUF V. NAPOLITANO

JAMES ROBART, District Judge

The Court, having reviewed petitioner's Petition for Writ of Habeas Corpus, respondents' Motion for Stay of Briefing Pending Issuance of Mandate in Diouf v. Napolitano, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the objections thereto, and the remaining record, finds and Orders as follows:

1. The Court adopts the Report and Recommendation.

2. Respondents' Motion for Stay of Briefing Pending Issuance of Mandate in Diouf v. Napolitano, Dkt. No. 13, is GRANTED. Respondents shall file their Return and Status Report no later than 45 days after the Ninth Circuit issues its mandale in Dioup v. Napolitano.

3. The Clerk shall remove any pending motions from the motion calendar until further notice by the Court.

4. Respondents shall notify the Court once the mandate in Diouf issues.

5. The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida.