VU v. KIRKLAND

Full title: HUNG VIET VU, Petitioner, v. RICHARD KIRKLAND, et al., Respondent

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

Date published: Jun 5, 2007

No. CIV S-07-0495 MCE GGH P (E.D. Cal. Jun. 5, 2007)

Opinion

No. CIV S-07-0495 MCE GGH P.

June 5, 2007

ORDER

GREGORY HOLLOWS, Magistrate Judge

On May 9, 2007, the parties filed a joint scheduling statement. After reviewing this document, the court makes the following ORDERS:

1. On or before July 8, 2007, petitioner shall file either a statement stating that he will stand on the existing petition, an exhausted amended petition, or an amended petition identifying exhausted and unexhausted claims and a request to stay this action pending further exhaustion; if petitioner files an exhausted petition or statement that he will proceed on the existing petition, respondent's response is due sixty days thereafter and petitioner' reply is due thirty days thereafter; if petitioner files a request to stay proceedings pending further exhaustion, respondent shall file either a statement of opposition or non-opposition within thirty days thereafter;

2. Any request by petitioner for discovery or an evidentiary hearing shall be filed on or before July 8, 2007; petitioner may seek modification of this scheduling order if further discovery or an evidentiary hearing is necessary before the filing of an amended petition.