Lawton v. Muniz

Filing 17

ORDER REOPENING CASE and ORDER Amending Instructions Concerning Lifting of Stay signed by Magistrate Judge Michael J. Seng on 1/2/2018. CASE STAYED. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:17-cv-00737 MJS (HC)
CHARLES LAWTON,

ORDER REOPENING CASE
Petitioner,

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v.

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ORDER AMENDING INSTRUCTIONS
CONCERNING LIFTING OF STAY
(ECF No. 16)

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WILLIAM MUNIZ,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On December 29, 2017, this Court granted

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Petitioner’s motion to stay this case pending exhaustion of five additional claims in state

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court pursuant to Kelly v. Small, 315 F.3d 1063, 1070-71 (9th Cir. 2003). (ECF No. 16.)

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In that Order, the Court directed the Clerk of Court to administratively close the case.

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(Id.)

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Based upon a re-review of applicable administrative procedures, the undersigned
issues the following amendment of and to that Order:
While the Kelly stay will remain in place, the Court hereby VACATES the direction
to the Clerk of Court to administratively close the case.
IT IS HEREBY ORDERED that:
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1.

The Clerk of Court reopen this case;

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2.

The case shall remain stayed pursuant to the December 29, 2017 Order

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(ECF No. 16);
3.

Petitioner shall file a status report every ninety days detailing his progress

in exhausting his unexhausted claims in the state courts.
4.

Petitioner shall file a motion to lift the stay within 30 days of the California

Supreme Court issuing a final order resolving Petitioner's unexhausted claims; and
5.

Petitioner shall file an amended habeas petition containing all claims,

including newly exhausted claims, with his motion to lift the stay.

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IT IS SO ORDERED.
Dated:

January 2, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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