Phillips v. Davey

Filing 11

ORDER Denying Petitioner's Motion to Stay the State Court Proceedings as Moot re 1 , signed by Magistrate Judge Gary S. Austin on 6/23/15. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD PHILLIPS, 1:15-cv-00325-GSA-HC ORDER DENYING PETITIONER’S MOTION TO STAY THE STATE COURT PROCEEDINGS AS MOOT (ECF No. 1) Petitioner, 11 12 v. 13 DAVE DAVEY, Respondent. 14 15 16 Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28 17 U.S.C. § 2254. As part of his petition, Petitioner filed a motion to stay the state court proceedings 18 against Petitioner pending the final disposition of this petition. (ECF No. 1 at 32). On June 23, 19 2015, the Court issued an order dismissing the petition as successive and ordered the Clerk of 20 Court to close the case. (ECF No. 9). Therefore, the motion is moot. 21 Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to stay the state court 22 proceedings pending the final disposition of this petition is DENIED AS MOOT. 23 24 25 26 IT IS SO ORDERED. Dated: June 23, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 27 28 1

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