Garcia v. Spearman

Filing 17

ORDER Denying 16 Motion to Stay signed by Magistrate Judge Michael J. Seng on 02/19/2015. (Flores, E)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 1:14-cv-01194 MJS HC SALVADOR GARCIA, ORDER DENYING MOTION TO STAY Petitioner, 12 (Doc. 16) v. 13 14 15 SPEARMAN, Warden, Respondent. 16 17 Plaintiff is proceeding pro se with a petition for writ of habeas corpus pursuant to 18 28 U.S.C. ยง 2254. Petitioner filed the petition on July 18, 2014 challenging a 2007 19 conviction. Petitioner previously sought habeas corpus review from this Court regarding 20 the conviction and the Court dismissed the petition as successive on November 24, 21 2014. On January 9, 2015 Petitioner filed a motion to stay the present matter while he 22 exhausts other state claims. (ECF No. 16.) 23 24 The present action has been dismissed, and the case is closed. As the case is not pending, the motion to stay the action is DENIED as moot. 25 26 27 28 IT IS SO ORDERED. Dated: February 19, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 1

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