Opinion
No. CIV S-06-1622 FCD GGH P.
August 28, 2007
ORDER
Petitioner, a state prisoner proceeding with appointed counsel, has filed a petition pursuant to 28 U.S.C. § 2254. On August 15, 2007, this court filed Findings and Recommendations, recommending petitioner's December 3, 2006, motion to stay this matter pending exhaustion of claim 4 of the first amended petition be granted. Subsequently, on August 22, 2007, petitioner filed a status report, indicating that claim 4 was fully exhausted, the state supreme court having issued a denial of petitioner's state habeas corpus petition on August 15, 2007.
The court will now vacate both the pending Findings and Recommendations, and petitioner's motion to stay as moot, and will direct the parties to proceed with the briefing of this matter.
Accordingly, IT IS ORDERED that:
1. Petitioner's December 3, 2006, motion to stay and the undersigned's August 15, 2007, Findings and Recommendations are vacated as moot;
2. Petitioner having filed a first amended petition, on January 11, 2007, setting forth all claims that are now fully exhausted, petitioner is directed to file, within 30 days, a supporting memorandum of points and authorities;
3. Upon the filing of petitioner's supporting memorandum, or the expiration of time for doing so, respondent must file, within 30 days thereafter, an answer or dispositive motion; and
4. Petitioner must file a traverse or opposition, as appropriate, within 30 days of service of the respondent's responsive pleading;
5. If respondent filed a motion, respondent will have 30 days after service of an opposition to file a reply.