Skains v. Lockyer

Full title: RANDY JOE SKAINS, JR., Petitioner, v. BILL LOCKYER, Respondent

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

Date published: Aug 11, 2006

No. CIV S-06-0127 LKK GGH P (E.D. Cal. Aug. 11, 2006)

Opinion

No. CIV S-06-0127 LKK GGH P.

August 11, 2006

ORDER

GREGORY HOLLOWS, Magistrate Judge

Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 7, 2006, the parties filed a joint scheduling statement. After reviewing the statement, the court makes the following ORDERS:

1. On or before October 6, 2006, petitioner shall file either an amended petition containing only exhausted claims or an amended petition identifying both exhausted and unexhausted claims and a request to stay this action pending further exhaustion;

2. Any request by petitioner for an evidentiary hearing or discovery shall be filed with the exhausted amended petition;

3. Respondent's response to the exhausted amended petition or request to stay shall be filed within forty-five days after October 6, 2006.