Casillas v. Secretary of Corrections

Filing 26

ORDER LIFTING STAY re 24 signed by Magistrate Judge Sheila K. Oberto on 12/27/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OMAR CASILLAS,

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No. 1:17-cv-00511-LJO-SKO

Petitioner,
v.

ORDER LIFTING STAY

SECRETARY OF CORRECTIONS,
Respondent.

(Doc. 24)

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On August 23, 2017, pursuant to Petitioner Omar Casillas' request, the Court

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administratively stayed the petition, pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002).

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The order directed Petitioner to file, within 30 days of the California Supreme Court's issuing a

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final order resolving all unexhausted claims, a motion to lift the stay and an amended petition

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setting forth all exhausted claims.

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On December 22, 2017, Petitioner filed a motion to lift the stay as well as his third
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amended petition for writ of habeas corpus. Accordingly, the Court hereby ORDERS that the
stay of proceedings in this case be lifted.

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IT IS SO ORDERED.
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Dated:

December 27, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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