Kelley v. Wofford

Filing 8

ORDER discharging 6 Order to Show Cause signed by Magistrate Judge Stanley A. Boone on 10/24/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARC A. KELLEY,

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Petitioner,

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Case No. 1:13-cv-01313-SAB-HC
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
CARL WOFFORD, Warden,

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Respondent.

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

18 pursuant to 28 U.S.C. § 2254. He has consented to the jurisdiction of the Magistrate Judge
19 pursuant to 28 U.S.C. § 636(c).
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On September 19, 2013, following a preliminary review of the petition, the Court issued

21 an order directing Petitioner to show cause why the petition should not be dismissed for failure to
22 exhaust state remedies. On October 4, 2013, Petitioner filed a response to the order wherein he
23 attached copies of a habeas petition filed in the California Supreme Court along with its ruling.
24 The Court has reviewed the attachments, and it appears Petitioner has exhausted the claims he
25 presents in his petition.
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ORDER

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Accordingly, the September 19, 2013, order to show cause is HEREBY DISCHARGED.

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IT IS SO ORDERED.

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Dated:

October 24, 2013

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UNITED STATES MAGISTRATE JUDGE

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