Lara v. Biter

Filing 11

ORDER signed by Magistrate Judge Michael J. Seng on 11/20/2013 discharging 9 Order to Show Cause. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-00354 MJS HC
DANIEL F. LARA,

ORDER DISCHARGING ORDER TO SHOW
Petitioner, CAUSE

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v.

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MARTIN D. BITER, Warden,
Respondent.

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Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Petitioner has consented to Magistrate Judge jurisdiction

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under 28 U.S.C. § 636(c). (ECF No. 6.)

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The court previously stayed the action. On October 30, 2013, the Court ordered

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Petitioner to show cause why the stay should not be vacated for failure to pursue state

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relief and exhaust the claims of his petition. On November 19, 2013, Petitioner filed a

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response to the order to show cause explaining that he has been diligent in attempting to

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exhaust state remedies.

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ORDER

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The order to show cause is DISCHARGED. Petitioner is directed to file a motion

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to lift the stay within 30 days of the California Supreme Court issuing a final order
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resolving Petitioner's unexhausted claims. Further, Petitioner is forewarned that failure to

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follow this order will result in dismissal of the petition pursuant to Local Rule 110.

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IT IS SO ORDERED.

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Dated:

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November 20, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

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