Blyman v. Warden

Filing 26

ORDER DISCHARGING 23 Order to Show Cause, signed by Magistrate Judge Barbara A. McAuliffe on 8/5/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHEN DANIEL BLYMAN,

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Petitioner,

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Case No. 1:14-cv-00836-LJO-BAM HC
ORDER DISCHARGING
ORDER TO SHOW CAUSE

v.
WARDEN,

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Respondent.

(Doc. 23)

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On August 3, 2015, Petitioner Stephen Daniel Blyman, a state prisoner proceeding with a
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed a status report regarding his
pending state petition for writ of habeas corpus. Petitioner reports that the California Court of

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Appeals denied his petition on May 19, 2015. Accordingly, the stay of the federal habeas petition
shall continue pending disposition of the state petition by the California Supreme Court.

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Petitioner is reminded that, pursuant to this Court's February 12, 2015 order granting

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Petitioner's motion to stay proceedings pending exhaustion of state remedies (Doc. 21), he is

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required to file a status report regarding the progress of his state petition every ninety days until

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exhaustion is complete. This means that Petitioner must file the next status report on or before

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November 4, 2015. No later than 30 days after Petitioner is served with the final order of the
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California Supreme Court, however, Petitioner must file an amended federal petition in this Court
including all claims that are then exhausted.
The Court hereby ORDERS that the Order to Show Cause issued July 14, 2015 (Doc. 23) be
DISCHARGED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

August 5, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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