Calderon v. Foulks

Filing 18

ORDER Staying Proceedings signed by Chief Judge Lawrence J. O'Neill on 08/16/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS CALDERON,

Case No. 1:16-cv-00276-LJO-SAB-HC

Petitioner,

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ORDER STAYING PROCEEDINGS
v.

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FREDERIC FOULKS,

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Respondent.

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Petitioner is a state prisoner, represented by counsel, proceeding with a petition for writ

18 of habeas corpus pursuant to 28 U.S.C. § 2254. On July 19, 2016, the Court granted Petitioner’s
19 motion to stay the proceedings pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). (ECF
20 No. 16). On August 15, 2016, Petitioner filed an amended petition containing only exhausted
21 claims, which satisfies the first requirement for a Kelly stay. (ECF No. 17).
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Accordingly, IT IS HEREBY ORDERED that:

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1. The proceedings are STAYED pending exhaustion of state remedies; and

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2. Petitioner is DIRECTED to file a status report within thirty (30) days of the date of

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service of this order, and then every ninety (90) days thereafter. Within thirty (30)

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days following the final order of the state courts, Petitioner MUST FILE an amended

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petition in this Court including all exhausted claims.

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Petitioner is forewarned that failure to comply with this order will result in the Court

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

August 16, 2016

UNITED STATES CHIEF DISTRICT JUDGE
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