Opinion
No. C 07-5431 SI.
September 30, 2008
ORDER GRANTING PETITIONER'S APPLICATION TO LIFT STAY; SETTING BRIEFING SCHEDULE
Petitioner has filed a motion to reopen this action and lift the stay. Petitioner informs the Court that on July 9, 2008, the Supreme Court of California denied petitioner's petition for a writ of habeas corpus. The Court GRANTS petitioner's motion. (Docket No. 6). The Clerk is directed to reopen this case.
The Court previously found that petitioner's claims are cognizable in a federal habeas action. The Clerk shall serve by certified mail a copy of this order, the petition and all attachments thereto upon respondent and respondent's attorney, the Attorney General of the State of California. The Clerk shall also serve a copy of this order on petitioner and petitioner's counsel at the mailing address provided.
Respondent must file and serve upon petitioner, on or before October 31, 2008, an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. Respondent must file with the answer a copy of all portions of the transcript that have been previously transcribed and that are relevant to a determination of the issues presented by the petition. If petitioner wishes to respond to the answer, he must do so by filing a traverse with the Court and serving it on respondent on or before December 5, 2008.