Scot Pinkerton v. E Valenzuela

Filing 22

ORDER DENYING 21 Motion to Stay in Light of Pending Appellate Decision, signed by Magistrate Judge Michael J. Seng on 2/10/14. (Marrujo, C)

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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-01283 AWI MJS HC
SCOT ERIC PINKERTON,

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ORDER DENYING MOTION TO STAY IN
Petitioner, LIGHT OF PENDING APPELLATE
DECISION

v.

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(Doc. 21.)

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E. VALENZUELA, Warden,
Respondent.

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Plaintiff is proceeding pro se with a petition for writ of habeas corpus pursuant to

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28 U.S.C. § 2254. Petitioner filed the petition on July 8, 2013 challenging a 1999

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conviction. Because Petitioner had previously sought habeas corpus review from this

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Court regarding this conviction, the Court dismissed the petition as successive on

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November 15, 2013. Petitioner is currently appealing the resulting judgment.

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January 7, 2014 he filed a motion to stay the present matter during the pendency of the

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appeal. (ECF No. 21.)

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On

The present action has been dismissed, and the case is closed. As the case is not

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pending, the motion to stay the action is DENIED as moot. Should the Ninth Circuit

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authorize Petitioner to file a second or successive petition, Petitioner may then move this

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Court to re-open the present matter.

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IT IS SO ORDERED.
Dated:

February 10, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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