(HC) Garza v. Kernan, et al Doc.

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Case 2:04-cv-00625-GEB-JFM Document 21 Filed 05/31/2006 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 MIGUEL GARZA,

11 Petitioner, No. CIV S-04-0625 GEB JFM P

12 vs.

13 SCOTT KERNAN, Warden, et al.,

14 Respondents. ORDER

15 /

16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with an

17 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed January 24,

18 2005, this action was stayed pending exhaustion of state remedies as to two claims for relief. In

19 the same order, petitioner was directed to notify the court in writing within thirty days from the

20 date of any order by the California Supreme Court resolving his state exhaustion petition. On

21 May 11, 2006, petitioner filed the required notification and a first amended petition.

22 Since petitioner may be entitled to the requested relief if the claimed violation of

23 constitutional rights is proved, respondents will be directed to file an answer to the first amended

24 petition.

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Dockets.Justia.com
 Case 2:04-cv-00625-GEB-JFM Document 21 Filed 05/31/2006 Page 2 of 2

1 In accordance with the above, IT IS HEREBY ORDERED that:

2 1. The January 24, 2005 stay is lifted and the Clerk of the Court is directed to

3 reopen this action;

4 2. Respondents are directed to file an answer to the first amended petition within

5 forty-five days from the date of this order. See Rule 4, Rules Governing Section 2254 Cases.

6 Respondents shall include with the answer any and all transcripts or other documents relevant to

7 the determination of the issues presented in the application. Rule 5, Rules Governing Section

8 2254 Cases; and

9 3. Petitioner's traverse, if any, is due on or before thirty days from the date

10 respondents’ answer is filed.

11 DATED: May 30, 2006.

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