Calderon v. Foulks

Filing 26

ORDER Discharging 23 Order to Show Cause; Order Vacating May 10, 2017 24 Findings and Recommendation, signed by Magistrate Judge Stanley A. Boone on 5/17/17. (Gonzalez, R)

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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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Case No. 1:16-cv-00276-LJO-SAB-HC
ORDER DISCHARGING ORDER TO
SHOW CAUSE (ECF No. 23)

v.
ORDER VACATING MAY 10, 2017
FINDINGS AND RECOMMENDATION
(ECF No. 24)

FREDERIC FOULKS,
Respondent.

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

17 of habeas corpus pursuant to 28 U.S.C. § 2254.
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On August 16, 2016, the Court stayed the federal habeas proceedings pending exhaustion

19 of state remedies and ordered Petitioner to file an initial status report within thirty days of the
20 date of service of the order and every ninety days thereafter. (ECF No. 18). As Petitioner did not
21 file a status report within the required time period, the Court issued an order to show cause why
22 the stay should not be vacated on April 26, 2017. (ECF No. 23). Petitioner did not respond to the
23 order to show cause, and the undersigned issued findings and recommendation to vacate the stay
24 on May 10, 2017. (ECF No. 24).
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On May 15, 2017, Petitioner filed objections to the findings and recommendation,

26 explaining that counsel could not file a response to the order to show cause due to problems with
27 the electronic filing system. Petitioner also provided a status report on the state court
28 proceedings. (ECF No. 25).

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Accordingly, the Court HEREBY ORDERS that:

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1. The order to show cause issued on April 26, 2017 (ECF No. 23) is DISCHARGED;

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2. The findings and recommendation issued on May 10, 2017 (ECF No. 24) is VACATED;
and

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

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

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Court’s previous order (ECF No. 18).

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IT IS SO ORDERED.

10 Dated:

May 17, 2017
UNITED STATES MAGISTRATE JUDGE

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