- 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 LUKNER BLANC, Case No. 1:22-cv-01192-SAB-HC 8 Petitioner, ORDER GRANTING PETITIONER’S REQUEST TO STAY PENDING SUPREME 9 v. COURT RESOLUTION OF JONES V. HENDRIX 10 B.M. TRATE, ORDER SETTING BRIEFING SCHEDULE 11 Respondent. (ECF No. 1) 12 13 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 14 pursuant to 28 U.S.C. § 2241. Petitioner has requested that the Court hold his petition in 15 abeyance until the Supreme Court decides Jones v. Hendrix, No. 21-857. (ECF No. 1 at 1.) 16 Respondent joins in Petitioner’s motion to stay as it “serves the objectives of efficiency and 17 preserves judicial resources.” (ECF No. 11 at 2.) 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. Petitioner’s request for a stay of proceedings (ECF No. 1) is GRANTED; 20 2. Within THIRTY (30) days after the Supreme Court issues its decision in Jones v. 21 Hendrix, No. 21-857, Petitioner may file a Supplement to the Petition; 22 3. Within SIXTY (60) days after the Supreme Court issues its decision in Jones v. 23 Hendrix, No. 21-857, Respondent SHALL FILE a RESPONSE to the Petition and 24 any Supplement. See Rule 4, Rules Governing Section 2254 Cases; Cluchette v. 25 Rushen, 770 F.2d 1469, 1473–74 (9th Cir. 1985) (court has discretion to fix time 26 for filing a response). A Response can be made by filing one of the following: 27 A. AN ANSWER addressing the merits of the Petition and any Supplement. Any argument by Respondent that Petitioner has 1 procedurally defaulted a claim SHALL BE MADE in the 2 ANSWER, but must also address the merits of the claim asserted. 3 B. A MOTION TO DISMISS the Petition. 4 A, Within SIXTY (60) days after the Supreme Court issues its decision in Jones v. 5 Hendrix, No. 21-857, Respondent SHALL FILE any and all transcripts or other 6 documents necessary for the resolution of the issues presented in the Petition. See 7 Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other 8 documents shall only be filed electronically and, to the extent practicable, 9 provided in Optical Character Recognition (“OCR”) format. Respondent 10 shall not file a hard copy of the transcripts or other documents unless so 11 ordered by this Court. 12 5. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse 13 within THIRTY (30) days of the date Respondent’s Answer is filed with the 14 Court. If no Traverse is filed, the Petition and Answer are deemed submitted at 15 the expiration of the thirty days. 16 6. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition 17 or Statement of Non-Opposition within TWENTY-ONE (21) days of the date of 18 service of Respondent’s Motion. Any Reply to an Opposition to the Motion to 19 Dismiss SHALL be filed within FOURTEEN (14) days after the Opposition has 20 been filed in CM/ECF., The Motion to Dismiss will be deemed submitted when 21 the time to reply has expired. See Local Rule 230()). 22 73 IT IS SO ORDERED. DAM Le 24 | Dated: _ February 22, 2023 _ Of 05 UNITED STATES MAGISTRATE JUDGE 26 27 28
Document Info
Docket Number: 1:22-cv-01192
Filed Date: 2/22/2023
Precedential Status: Precedential
Modified Date: 6/20/2024