(DP) Tobin v. Davis ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ALLAN TOBIN, Case No. 1:18-cv-01375-NONE-SAB 12 Petitioner, DEATH PENALTY CASE 13 v. ORDER SCHEDULING PETITIONER’S MOTION FOR 14 RONALD DAVIS, Warden of San Quentin STAY AND ABEYANCE State Prison, 15 Respondent.1 16 17 18 19 20 The record reflects that on August 27, 2021, Petitioner, through counsel, filed a motion for 21 stay and abeyance pursuant to Rhines v. Webber, 544 U.S. 269 (2005). (ECF No. 45.) The 22 motion has not been set for hearing. 23 Accordingly, Respondent shall file his response to the instant motion by not later than 24 thirty (30) days following the filed date of this order. Petitioner’s reply shall be filed by not later 25 than fifteen (15) days from the filed date of the response. Thereupon, the matter shall be deemed 26 27 1 Ron Broomfield, Acting Warden of San Quentin State Prison, is substituted for Ronald Davis, 28 former Warden of San Quentin State Prison, pursuant to Federal Rules of Civil Procedure 25(d). 1 | submitted and the parties will be notified by minute order if a hearing is necessary.” 2 3 IT IS SO ORDERED. DAM Le 4 | Dated: _September 7, 2021 _ OO ; UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 | > See Standing Order in Light of Ongoing Judicial Emergency in the Eastern District of 27 | California, and General Orders in the Eastern District of California regarding COVID-19 Emergency available at: http://www.caed.circ9.dcn/index.cfm/iCAED/coronavirus-covid- □□□ 28 | guidance/