Lopez v. Louis

Filing 28

ORDER Regarding Motions to Stay and Amend 10 , 21 , 26 , signed by Magistrate Judge Michael J. Seng on 8/30/13: Petitioner's motion to stay and motions to amend are DENIED. The Court shall address the merits of the petition in due course. (Hellings, J)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 Case No. 1:12-cv-01777 AWI MJS (HC) ROBERT A. LOPEZ, 12 ORDER REGARDING MOTIONS TO STAY Petitioner, AND AMEND (Docs. 10, 21, 26) v. 13 14 15 16 G.D. LOUIS, Respondent. 17 18 19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. 20 On July 12, 2012, Petitioner filed his petition (Pet., ECF No. 1), but then on 21 November 16, 2012, filed a motion to stay the action to allow him to exhaust state court 22 remedies with respect to some claims in the petition. (Mot. To Stay, ECF No. 10.) On 23 January 24, 2013, Respondent answered the petition and filed an opposition to the 24 motion to stay. (ECF Nos. 17, 19.) On February 5, 2013, Respondent supplemented his 25 answer and filed with the Court the California Supreme Court's decision denying 26 Petitioner's state habeas action. (Supp., ECF No. 24.) The state court decision served to 27 exhaust Petitioner's state court remedies. 28 Presently before the Court is Petitioner's motion to stay, and his motions to 1 1 amend the petition to either properly add exhausted claims to the petition or 2 alternatively, remove unexhausted claims from the petition. (ECF Nos. 10, 21, 26.) 3 Inasmuch as Petitioner has exhausted his state court remedies, there is no need to stay 4 the present matter. And since none of the claims in the present petition remain 5 unexhausted, and there is no need to remove unexhausted claims from the petition to 6 allow the Court to review the petition. 7 8 Accordingly, Petitioner's motion to stay and motions to amend are DENIED. The Court shall address the merits of the petition in due course. 9 10 11 12 13 IT IS SO ORDERED. 14 Dated: 15 August 30, 2013 /s/ UNITED STATES MAGISTRATE JUDGE DEAC _Signature- END: 16 Michael J. Seng ci4d6 17 18 19 20 21 22 23 24 25 26 27 28 2

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