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Roberts v. Norris

June 4, 2007

KARL ROBERTS, PETITIONER,
v.
LARRY NORRIS, DIRECTOR OF THE ARKANSAS DEPARTMENT OF CORRECTION, RESPONDENT.



The opinion of the court was delivered by: Richard G. Kopf United States District Judge

MEMORANDUM AND ORDER

In response to my previous memorandum and order (filing 39), Petitioner, after consultation with Respondent, has filed a status report (filing 40). In such report, Petition asks the court to establish a schedule for the parties to brief the issue of whether this case should be stayed and abeyed pending exhaustion of state court remedies, as requested by Petitioner in a reply filed on March 25, 2005 (filing 35). Petitioner represents that Respondent agrees that the stay-and-abeyance issue should be briefed at this time.

Upon consideration of the status report, I conclude that Petitioner's unopposed request for the establishment of a briefing schedule should be granted, and that the schedule proposed by Petitioner should be adopted.*fn1 Accordingly,

IT IS ORDERED that:

1. On or before September 4, 2007, Petitioner shall file a brief discussing whether this case should be stayed and abeyed pending exhaustion of his state court remedies;

2. On or before November 5, 2007, Respondent shall file a responsive brief addressing the stay-and-abeyance issue;

3. On or before December 5, 2007, Petitioner may file a reply brief; and

4. Petitioner's request for the issuance of a stay-and-abeyance order shall be ripe for ...


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