Suniga v. McDonald

Filing 14

ORDER REQUIRING Petitioner to Submit Status Report signed by Magistrate Judge Gary S. Austin on 5/11/2010. Status Report Due by 6/1/2010. (Sant Agata, S)

1 2 3 4 5 6 7 8 9 10 11 12 ALFRED SUNIGA, III, 13 Petitioner, 14 15 16 MIKE McDONALD, 17 Respondent. 18 19 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 20 28 U.S.C. § 2254. He is represented in this action by David R. Mugridge, Esq. Petitioner has 21 consented to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c). 22 On February 9, 2010, the Court issued an order granting Petitioner's motion for stay of the 23 proceedings pending exhaustion of state remedies with respect to two claims. Petitioner was 24 directed to file a status report within ninety (90) days of the order and every ninety (90) days 25 thereafter. Over ninety (90) days have passed since the date of service of the order and Petitioner has 26 not filed a status report. 27 Accordingly, Petitioner is ORDERED to submit a status report informing the Court what 28
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) 10-CV-00090 GSA HC ORDER REQUIRING PETITIONER TO SUBMIT STATUS REPORT

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cases have been filed in state court, the date of those filings, and any outcomes within fourteen (14) days from the date of service of this order. Petitioner is forewarned that failure to comply with this order will result in dismissal of the petition pursuant to Local Rule 110.

IT IS SO ORDERED. Dated: 6i0kij

May 11, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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