Calderon v. Foulks

Filing 21

ORDER DISCHARGING 19 Order to Show Cause; ORDER DIRECTING Petitioner to File State Habeas Petition signed by Magistrate Judge Stanley A. Boone on 10/11/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS CALDERON,
Petitioner,

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ORDER DISCHARGING ORDER TO
SHOW CAUSE (ECF No. 19)

v.

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

ORDER DIRECTING PETITIONER TO
FILE STATE HABEAS PETITION

FREDERIC FOULKS,

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Respondent.

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On August 16, 2016, the Court stayed the instant proceedings and ordered Petitioner to

18 file a status report within thirty days. (ECF No. 18). Petitioner failed to file a status report within
19 the allotted time period. Therefore, on September 29, 2016, the Court issued an order to show
20 cause why the stay should not be vacated for failing to obey a court order. (ECF No. 19).
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On October 6, 2016, Petitioner filed a response, indicating that Petitioner’s counsel was

22 diagnosed with a serious medical condition last year and has undergone numerous procedures.
23 (ECF No. 20). Petitioner also informed the court that the state habeas petition “is in final draft
24 and ready to be filed in state court,” but to date has not been filed in Tulare County Superior
25 Court.
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In light of Petitioner’s response, IT IS HEREBY ORDERED that:

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1. The order to show cause issued on September 29, 2016 (ECF No. 19) is

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DISCHARGED;

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2. Petitioner is DIRECTED to file the state habeas petition in the Tulare County

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Superior Court within FOURTEEN (14) days of the date of service of this order; and

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3. Petitioner is DIRECTED to file a status report within NINETY (90) days of the date

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of service of this order, and then every NINETY (90) days thereafter, in accordance

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with the Court’s previous order (ECF No. 18).

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IT IS SO ORDERED.

8 Dated:

October 11, 2016
UNITED STATES MAGISTRATE JUDGE

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