Nichols v. Katavich

Filing 11

ORDER CONTINUING Order of Stay and Abeyance Pending Exhaustion of State Remedies 10 , signed by Magistrate Judge Sandra M. Snyder on 12/31/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC LAVELLE NICHOLS,
Petitioner,

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ORDER CONTINUING ORDER OF
STAY AND ABEYANCE PENDING
EXHAUSTION OF STATE REMEDIES

v.
JOHN KATAVICH, Warden,

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Respondent.
Doc. 10

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Case No. 1:14-cv-01880-LJO-SMS HC

Petitioner Eric Lavelle Nichols is a state prisoner who seeks to proceed with a federal

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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 18, 2014, the Court
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granted Petitioner's motion for an order of stay and abeyance pending resolution of his claims in

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California state courts. On December 29, 2014, Petitioner filed a status report, indicating that since

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the California Superior Court had denied his state petition, this Court was now free to adjudicate his

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Section 2254 petition. Petitioner is mistaken. This Court may not address the federal petition until

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Petitioner has exhausted all means of appealing his state petition. This means that before this Court

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may exercise jurisdiction over the federal petition, he must first appeal to the California Appellate

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Court and the California Supreme Court.
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Accordingly, the Court hereby ORDERS that the order for stay and abeyance filed

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December 18, 2014 (Doc. 9) shall remain in effect pending Petitioner's exhaustion of his state

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remedies.

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IT IS SO ORDERED.

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Dated:
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December 31, 2014

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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