Summary
The United States District Court for the Eastern District of California granted the respondent’s motion to stay briefing in a habeas case because of the lapse of appropriations affecting the Department of Justice and Bureau of Prisons. The court ordered the respondent to request lifting the stay and propose a briefing schedule within seven days after appropriations are restored.
Holdings
- The court held that, for good cause shown, a stay of the briefing schedule was appropriate in light of the lapse in Department of Justice appropriations and its effect on Respondent’s ability to prepare a response.
Questions Presented
- Whether the court should stay the habeas briefing schedule because a lapse in Department of Justice appropriations prevented Respondent from obtaining information necessary to respond to the operative petition.
Disposition
other
Cases Cited (4)
- Clinton v. Jones, 520 U.S. 681, 705 (1997)(followed)
- Landis v. North American Co., 299 U.S. 248, 254 (1936)(followed)
- Dependable Highway Express, Inc. v. Navigators Insurance Co., 498 F.3d 1059, 1066-67 (9th Cir. 2007)(followed)
- Yong v. INS, 208 F.3d 1116, 1119 (9th Cir. 2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…