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