Whalen v. Warden of San Quentin

Filing 60

ORDER Discontinuing Status Reports During Exhaustion Stay signed by Magistrate Judge Stanley A. Boone on 01/25/2018. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANIAL LEE WHALEN, 10 Case No. 1:14-cv-01865-LJO-SAB Petitioner, 11 DEATH PENALTY CASE v. 12 ORDER DISCONTINUING STATUS REPORTS DURING EXHAUSTION STAY RON DAVIS, Warden of California State Prison at San Quentin, 13 (Doc. No. 47) Respondent.1 14 15 16 Petitioner is henceforth relieved of the requirement that he file status reports on the 17 progress of state exhaustion proceedings. (See Doc. No. 47.) 18 Petitioner is directed to file a report of claim disposition within thirty (30) days of the 19 state supreme court’s decision thereon. If Petitioner does not provide that report within the 30 20 days then Respondent shall apprise the Court forthwith. The Court may from time to time order 21 Petitioner and/or Respondent to apprise the Court of the status of the state proceedings. 22 23 IT IS SO ORDERED. 24 Dated: January 25, 2018 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1 Pursuant to Fed. R. Civ. P. 25(d), Ron Davis, Warden of San Quentin State Prison, is substituted as Respondent in place of his predecessor wardens. 1

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