Cartwright v. Gipson

Filing 21

ORDER granting 20 Motion to Stay signed by Magistrate Judge Michael J. Seng on 11/20/13. CASE STAYED. Case Management Deadline: 5/23/2014. (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-00463 AWI MJS HC
HENRY CARTWRIGHT,

ORDER GRANTING STAY OF PETITION
Petitioner, FOR WRIT OF HABEAS CORPUS

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v.

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(Doc. 20)

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CONNIE GIPSON, Warden,
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. § 2254.

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On March 29, 2013, Petitioner filed a motion to stay. On June 6, 2013 the Court

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granted the motion, and requested Petitioner to file an amended petition. Petitioner filed

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an amended petition on September 26, 2013. (ECF No. 18.) On the same date,

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Petitioner filed another motion to stay the petition. (ECF No. 20.) Petitioner states that he

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has removed unexhausted claims seven through twelve of the original petition from the

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amended petition. As Petitioner has substantially complied with the Court's order, the

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Court grants Petitioner's motion to stay.

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///

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///
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ORDER

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Accordingly, it is ORDERED that:

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1) Petitioner's motion for stay (Doc. 20) be granted pursuant to Kelly v. Small, 315

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F.3d 1063 (9th Cir. 2002) and King v. Ryan, 564 F.3d 1133 (9th Cir. 2009), and

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the instant action be administratively stayed pursuant to Kelly and King;

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2) Petitioner be directed to file a motion to lift the stay within 30 days of the

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California Supreme Court issuing a final order resolving Petitioner's unexhausted

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claims; and

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3) Petitioner be directed to file an amended habeas petition containing all

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exhausted claims with his motion to lift the stay.

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Petitioner is forewarned that failure to comply with this Order will result in the

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Court's vacating the stay.

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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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