Ibarra v. Hedgpeth

Filing 35

ORDER Regarding Stay of Proceeding; Thirty Day Deadline to Submit Proof of Filing in State Court, signed by Magistrate Judge Dennis L. Beck on 2/27/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHNNY LUGO IBARRA,

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1:10-cv-1809-LJO-DLB (HC)

Petitioner,

ORDER REGARDING STAY OF
PROCEEDING

v.
THIRTY DAY DEADLINE TO SUBMIT
PROOF OF FILING IN STATE COURT

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ANTHONY HEDGPETH,
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Respondent.
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254.
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On June 16, 2011, the Court granted Petitioner’s request to stay and hold the petition in
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abeyance pending exhaustion in the state courts. The Court directed Petitioner to file an initial
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status report within thirty days, and every thirty days thereafter. Petitioner has filed a total of
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eight status reports, the most recent on February 17, 2012.
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Petitioner continues to represent that he is in the process of obtaining counsel and an
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investigator to present his claims to the state courts. Petitioner is advised that the Court’s order
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staying and holding the petition in abeyance did not contemplate him obtaining counsel and/or an
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investigator to present his claims to the state court. Rather, Petitioner is required to diligently
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pursue his claims in a timely manner and Petitioner has failed to do so. Accordingly, Petitioner
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is directed to file a state court petition within thirty days from the date of service of this order or
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the stay will be vacated and the case will proceed forward. Failure to comply with this order will
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result in a recommendation to dismiss the action for failure to comply with a court order. Local

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Rule 110.

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IT IS SO ORDERED.
Dated:
3b142a

February 27, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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