Diaz-Sanchez v. Martel et al

Filing 18

ORDER LIFTING STAY signed by Magistrate Judge Sandra M. Snyder on 2/3/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GILBERTO DIAZ-SANCHEZ,
Petitioner,

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Case No. 1:14-cv-01204-SMS HC
ORDER LIFTING STAY

v.
NEIL McDOWELL and JEFFREY BEARD,
Doc. 14
Respondents.

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On August 27, 2014, the Court administratively stayed the petition, pursuant to Kelly v.

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Small, 315 F.3d 1063 (9th Cir. 2002) and King v. Ryan, 564 F.3d 1133 (9th Cir. 2009). The order

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directed Petitioner to file, within 30 days of the California Supreme Court's issuing a final order

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resolving all unexhausted claims, a motion to lift the stay and an amended petition setting forth all

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exhausted claims. On January 16, 2015, Petitioner filed a motion to lift stay (erroneously docketed
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as a motion for stay) and the first amended petition for writ of habeas corpus.
Accordingly, the Court hereby ORDERS that the stay of proceedings in this case be lifted.

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To enable the Court to screen the petition, Petitioner's counsel is directed to file a courtesy copy of

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the amended petition, including its exhibits, no later than thirty (30) days from the date of this order.

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IT IS SO ORDERED.

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Dated:

February 3, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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