Condon v. People Of California

Filing 22

ORDER GRANTING 21 Motion to Lift Stay; ORDER Directing Clerk of Court to Lift Stay; and ORDER GRANTING Petitioner Leave to File Second Amended Petition re 21 signed by Magistrate Judge Gary S. Austin on 3/26/2014. Second Amended Petition due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JULIE CONDON,

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Petitioner,

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v.

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TAMARA KABBAN-MILLER, Warden,

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Respondent.

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1:13-cv-00792 GSA HC
ORDER GRANTING MOTION TO LIFT STAY
ORDER DIRECTING CLERK OF COURT TO
LIFT STAY
ORDER GRANTING PETITIONER LEAVE TO
FILE SECOND AMENDED PETITION
(THIRTY DAY DEADLINE)

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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. She has consented to the jurisdiction of the Magistrate Judge pursuant

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to 28 U.S.C. § 636(c).

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On July 25, 2013, the Court granted Petitioner’s motion to stay the petition and hold it in

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abeyance while Petitioner returned to state court to exhaust her state remedies. On March 18, 2014,

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Petitioner notified the Court that exhaustion had been completed. She now moves to lift the stay and

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file an amended petition to present her newly exhausted claims. Good cause having been presented

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and good cause appearing therefor, Petitioner’s motion will be granted.

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ORDER

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Accordingly, IT IS HEREBY ORDERED:

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1) Petitioner’s motion to lift the stay is GRANTED;

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2) The Clerk of Court is DIRECTED to lift the stay; and

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3) Petitioner is GRANTED thirty (30) days from the date of service of this Order to file a

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second amended petition.

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IT IS SO ORDERED.
Dated:

March 26, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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