Blyman v. Warden

Filing 17

ORDER Construing 7 8 15 Documents as a Motion for a Stay; ORDER Suspending the Deadline for Filing a Traverse until Petitioner's Motion for a Stay is Determined; ORDER Directing Petitioner to File a Supplemental Statement of Issues no Lat er than Thirty (30) Days After the Date of Service of this Order; ORDER Staying the Deadline for Petitioner's Filing a Traverse Pending Determination of Petitioner's Motion for a Stay; ORDER Setting a Briefing Schedule of Petitioner's Motion for a Stay signed by Magistrate Judge Barbara A. McAuliffe on 10/06/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 STEPHEN DANIEL BLYMAN,

Case No. 1:14-cv-00836-LJO-BAM-HC

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ORDER CONSTRUING DOCUMENTS AS A
MOTION FOR A STAY PURSUANT TO
RHINES AND KELLY (DOCS. 7, 8, 15)

Petitioner,

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ORDER SUSPENDING THE DEADLINE FOR
FILING A TRAVERSE UNTIL
PETITIONER’S MOTION FOR A STAY IS
DETERMINED

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ORDER DIRECTING PETITIONER TO FILE
A SUPPLEMENTAL STATEMENT OF ISSUES
NO LATER THAN THIRTY (30) DAYS
AFTER THE DATE OF SERVICE OF THIS
ORDER

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ORDER STAYING THE DEADLINE FOR
PETITIONER’S FILING A TRAVERSE
PENDING DETERMINATION OF
PETITIONER’S MOTION FOR A STAY

v.

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ORDER SETTING A BRIEFING SCHEDULE
ON PETITIONER’S MOTION FOR A STAY

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WARDEN,
Respondent.

RESPONDENT: OPPOSITION OR NOTICE OF
NON-OPPOSITION TO BE FILED THIRTY
(30) DAYS AFTER SERVICE OF
PETITIONER’S SUPPLEMENTAL STATEMENT
PETITIONER: REPLY TO ANY OPPOSITION
MAY BE FILED NO LATER THAN THIRTY
(30) DAYS AFTER SERVICE OF
OPPOSITION

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Petitioner is a state prisoner proceeding pro se and in forma

2 pauperis with a petition for writ of habeas corpus pursuant to 28
3 U.S.C. § 2254.

The matter has been referred to the Magistrate Judge

4 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303.
5 Pending before the Court are various filings by Petitioner,
6 including a motion for a stay filed on June 16, 2014, and two
7 related documents filed on July 7 and September 26, 2014, which
8 relate to Petitioner’s motion for a stay, and which the Court
9 CONSTRUES as Petitioner’s motion for a stay of the instant
10 proceeding so that he may exhaust state court remedies as to
11 additional issues.
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On September 8, 2014, Respondent filed an answer to the

13 petition in which Respondent addressed the merits of Petitioner’s
14 presently pending claims, which include a challenge to the exclusion
15 of evidence as a violation of Petitioner’s right to confrontation
16 and to present a defense, and a challenge to the failure to give a
17 unanimity instruction.

However, Respondent did not file opposition

18 or notice of non-opposition to Petitioner’s motion for a stay.
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In the motion for a stay, Petitioner explains some of the

20 circumstances that resulted in his not raising the additional
21 issues.

However, Petitioner does not specifically identify the

22 additional issues that he desires to raise after exhaustion of state
23 court remedies.

Without knowing exactly what claims, including

24 their legal and factual basis, Petitioner seeks to pursue and add to
25 the present proceeding, it would not be possible to evaluate the
26 nature and extent of any stay that should issue.

Thus, Petitioner

27 will be given an opportunity to file a supplement to his motion in
28 which he specifically identifies the additional claims that he seeks
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1 to exhaust and then to add to the petition.
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Further, it would facilitate the efficient use of the Court’s

3 and the parties’ resources to have Respondent file opposition or
4 notice of non-opposition to the motion, including any pertinent
5 state court records.
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Accordingly, it is ORDERED that:

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1)

Petitioner is DIRECTED to file no later than thirty (30)

8 days after the date of service of this order a supplement to his
9 motion for a stay in which he specifically identifies the claims,
10 including their factual and legal bases, for which he seeks a stay
11 to exhaust state court remedies; and
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2)

Respondent shall FILE opposition or notice of non-

13 opposition to Petitioner’s motion for a stay no later than thirty
14 (30) days after the date of service of Petitioner’s supplemental
15 specification of claims; and
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3)

Petitioner may FILE a reply to any opposition filed by

17 Respondent no later than thirty (30) days after the date of service
18 of the opposition; and
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4)

The deadline for the filing of Petitioner’s traverse to

20 Respondent’s answer is STAYED pending the determination of
21 Petitioner’s motion for a stay.
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23 IT IS SO ORDERED.
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Dated:

/s/ Barbara

October 6, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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