Barrera v. Dexter et al

Filing 40

ORDER Vacating June 6, 2012 Order To File Amended Petition (Doc. 37 ), signed by Magistrate Judge Jennifer L. Thurston on 6/20/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLEMENTE VILLEGAS BARRERA,

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Petitioner,

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v.
DEBRA DEXTER,
Respondent.

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Case No.: 1:08-cv-00062-LJO-JLT
ORDER VACATING JUNE 6, 2012 ORDER TO
FILE AMENDED PETITION
(Doc. 37)

The original petition in this case was filed on January 2, 2008. (Doc. 1). On February 11,

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2009, the Court issued Findings and Recommendations to dismiss the petition because it contained

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unexhausted claims. (Doc. 17). Those Findings and Recommendations were adopted by the District

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Judge, and judgment was entered on March 13, 2009. (Doc. 18). Petitioner subsequently appealed the

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dismissal to the United States Court of Appeals, Ninth Circuit, which, on May 29, 2012, issued an

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order remanding the case to this Court to evaluate the petition in light of the Ninth Circuit’s

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conclusion that one of the claims was in fact exhausted. (Doc. 35).

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In an effort to move expeditiously, the Court, on June 6, 2012, issued an order requiring

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Petitioner to file an amended petition within thirty days that contained only the exhausted claims.

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(Doc. 37). Respondent, however, has directed the Court’s attention to the fact that Petitioner has filed

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a motion for reconsideration in the Ninth Circuit, and, thus, remittitur has not issued and this Court

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does not yet have jurisdiction to renew proceedings. (Doc. 39). Therefore, the appropriate course of
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action at this juncture is to vacate the June 6, 2012 order to file an amended petition and await further

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action from the Ninth Circuit.
ORDER

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Accordingly, the Court HEREBY ORDERS as follows:

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1. The June 6, 2012 order to file an amended petition (Doc. 37), is VACATED and no
amended petition shall be filed at this time.

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IT IS SO ORDERED.

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Dated:

June 20, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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