Hastings v. Gipson

Filing 10

ORDER DISCHARGING Order to Show Cause 8 , signed by Magistrate Judge Gary S. Austin on 11/18/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KERRY DANA HASTINGS,

1:14-cv-01271-GSA-HC

Petitioner,

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ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.

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(ECF No. 8)
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CONNIE GIPSON,

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Respondent.

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Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28

18 U.S.C. § 2254. He has consented to the jurisdiction of the Magistrate Judge pursuant to 28
19 U.S.C. § 636(c).
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Petition filed the instant Petition on August 13, 2014. On October 7, 2014, the Court

21 issued an order to show cause why the petition should not be dismissed for containing
22 unexhausted claims. On November 7, 2014, Respondent filed a response indicating that he had
23 exhausted claims one and three of his petition. Based upon Respondent’s indication that he has
24 exhausted all of the claims in the petition, and good cause having been shown, the Court will
25 discharge the pending order to show cause issued on October 3, 2014.
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Accordingly, it is HEREBY ORDRED that the order to show cause issued October 7,

2 2014, is DISCHARGED.
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IT IS SO ORDERED.
Dated:

November 18, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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