Regalado vs Tampkins

Filing 21

ORDER to SHOW CAUSE Re Status Report; Show Cause Response Required in Fifteen (15) Days signed by Magistrate Judge Sandra M. Snyder on 6/15/2015.(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER REGALADO,

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Plaintiff,

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CASE NO. 1:14-CV-1612 SMS
ORDER TO SHOW CAUSE
RE: STATUS REPORT

v.
response required in fifteen (15) days
CYNTHIA Y. TAMPKINS, Warden of
California Rehabilitation Center, Norco,
Defendant.

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Petitioner Christopher Regalado filed his petition for writ of habeas corpus pursuant to 28

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U.S.C. § 2254 on October 15, 2014. Doc. 1. On April 9, 2015, the Court granted a stay and

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abeyance pending resolution of unexhausted claims. Doc. 20. In that order, the Court directed

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Petitioner to file a status report within thirty days of the date of the order advising the Court of the

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state habeas proceeding status. Failure to do so would result in the Court vacating the stay and

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proceeding on Petitioner’s exhausted claim only.

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As of the date of the instant order, the Court has not received any filing from Petitioner

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regarding the status of the state habeas proceedings or other. The Court will give Petitioner fifteen

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(15) days of service from this order to file the status report required by Doc. 20, without which,

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the Court will proceed on Petitioner’s exhausted claim only.

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I.

CONCLUSION AND ORDER

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For the foregoing reasons, it is hereby ORDERED:

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1.

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Petitioner is DIRECTED to file a status report within fifteen (15) days of the date

of service from this order advising the Court of the status of the state habeas proceedings;

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2.

Petitioner shall file an additional status report every ninety (90) days thereafter

until the state habeas proceedings are concluded;
3.

Petitioner shall notify the Court that the state habeas proceedings have ended

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within thirty (30) days after the California Supreme Court issues a final order resolving the

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unexhausted claim by filing a motion to lift the stay and for leave to file an amended habeas

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petition setting forth all exhausted claims, and accompanied by the proposed amended petition;

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4.

If Petitioner fails to file a status report within fifteen (15) days of the date of service

of this order, the Court will vacate the stay and proceed on Petitioner’s exhausted claim only.

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IT IS SO ORDERED.
Dated:

June 15, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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