Opinion
No. CIV S-07-2004 LKK GGH P.
December 21, 2007
ORDER
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has unnecessarily complicated this proceeding by filing conflicting requests. In sum, by Order, filed on 11/20/07, this court had directed respondent to file a response to petitioner's application within thirty days from the date of that order. However, in response to a request by petitioner, filed on 11/30/07, the court vacated the Order, filed on 11/20/07, and dismissed the petition with leave granted for petitioner to file an amended petition, setting forth all exhausted and unexhausted claims and directing petitioner to file a motion for the court to hold the proceedings in abeyance pending exhaustion of state court remedies as to the unexhausted claims. Subsequently, the court, on 12/18/07, issued an Order directing respondent's attention to the 12/10/07 Order, and denying as moot respondent's request for an extension of time to file a response to the petition.
However, petitioner's latest filing, on 12/17/07, indicates that he is unable to show the requisite good cause for having failed to exhaust state court remedies as to any unexhausted claim and now wishes to proceed only as to the grounds set forth in the original petition. The court will now vacate its Order, filed on 12/10/07, and re-set the briefing of this matter; petitioner is cautioned to make no further request to modify the manner in which this matter should proceed.
Accordingly, IT IS ORDERED that:
1. The Order, filed on 12/10/07, is VACATED;
2. Respondents are directed to file a response to petitioner's original petition within thirty days from the date of this order.See Rule 4, Fed.R. Governing § 2254 Cases. An answer shall be accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the application. See Rule 5, Fed.R. Governing § 2254 Cases;
3. Petitioner's reply, if any, shall be filed and served within thirty days of service of an answer;
4. If the response to petitioner's application is a motion, petitioner's opposition or statement of non-opposition shall be filed and served within thirty days of service of the motion, and respondents' reply, if any, shall be filed within fifteen days thereafter.