Farley v. Davis, 16-cv-04443-PJH. (2018)
Court: District Court, N.D. California
Number: infdco20180316b33
Visitors: 26
Filed: Mar. 15, 2018
Latest Update: Mar. 15, 2018
Summary: ORDER REJECTING PROPOSED LITIGATION SCHEDULE Re: Dkt. No. 57 PHYLLIS J. HAMILTON , District Judge . Pursuant to the Court's February 5, 2018 Order, the parties submitted a proposed joint litigation schedule. In it, the parties propose that petitioner will file a motion for reconsideration of the denial of his motion to stay and abey the case pursuant to Rhines v. Weber, 544 U.S. 269 (2005), on or before April 2. See ECF Doc. No. 57. The Court hereby rejects the proposed litigation sc
Summary: ORDER REJECTING PROPOSED LITIGATION SCHEDULE Re: Dkt. No. 57 PHYLLIS J. HAMILTON , District Judge . Pursuant to the Court's February 5, 2018 Order, the parties submitted a proposed joint litigation schedule. In it, the parties propose that petitioner will file a motion for reconsideration of the denial of his motion to stay and abey the case pursuant to Rhines v. Weber, 544 U.S. 269 (2005), on or before April 2. See ECF Doc. No. 57. The Court hereby rejects the proposed litigation sch..
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ORDER REJECTING PROPOSED LITIGATION SCHEDULE
Re: Dkt. No. 57
PHYLLIS J. HAMILTON, District Judge.
Pursuant to the Court's February 5, 2018 Order, the parties submitted a proposed joint litigation schedule. In it, the parties propose that petitioner will file a motion for reconsideration of the denial of his motion to stay and abey the case pursuant to Rhines v. Weber, 544 U.S. 269 (2005), on or before April 2. See ECF Doc. No. 57. The Court hereby rejects the proposed litigation schedule.
An order denying a Rhines stay is an interlocutory order. Thompson v. Frank, 599 F.3d 1088, (9th Cir. 2010). Therefore, Local Civil Rule 7-9(a) requires that petitioner seek leave of the Court prior to noticing or filing any motion for reconsideration of such an order. Petitioner has failed to do so.
Petitioner is hereby ORDERED to submit any motion for leave to file a motion for reconsideration within twenty-one (21) days of the filing date of this Order. If petitioner opts not to seek leave to file his motion for reconsideration, the parties shall meet and confer and submit a revised litigation schedule that contemplates the parties' responsibilities under all applicable rules within thirty (30) days of the filing date of this Order.
IT IS SO ORDERED.
Source: Leagle
