Jackson v. Arnold

Filing 13

ORDER Construing Motion for Extension of Time as Motion to Stay Proceedings 12 ; ORDER STAYING Proceedings and Directing Petitioner to File Regular Status Reports, signed by Magistrate Judge Jennifer L. Thurston on 4/13/2018: 30-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KENNETH A. JACKSON,

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Petitioner,
v.

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ERIC ARNOLD,
Respondent.

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Case No.: 1:17-cv-01670-JLT (HC)
ORDER CONSTRUING MOTION FOR
EXTENSION OF TIME AS MOTION TO STAY
PROCEEDINGS (Doc. 12)
ORDER STAYING PROCEEDINGS AND
DIRECTING PETITIONER TO FILE REGULAR
STATUS REPORTS

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Petitioner filed a habeas petition in this Court on December 8, 2017. After conducting a

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preliminary review of the petition, the Court determined that Petitioner had failed to state a claim and

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had failed to exhaust state remedies. The Court granted him leave to file an amended petition to

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correct these deficiencies if he could do so. Since then, he has filed motions for extensions of time

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and stated he was returning to state court to exhaust his state remedies. He seeks an extension of time

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until the California Supreme Court renders a decision on his petition. Essentially, he is requesting a

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stay of proceedings until he completes exhaustion of this state remedies. Accordingly, the Court will

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construe his motion for extension of time as a motion to stay proceedings.

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DISCUSSION
Traditionally, a district court has had the discretion to stay a petition which it may validly
consider on the merits. Calderon v. United States Dist. Court (Taylor), 134 F.3d 981, 987-988 (9th Cir.
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1998); Greenawalt v. Stewart, 105 F.3d 1268, 1274 (9th Cir.), cert. denied, 519 U.S. 1002 (1997).

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Granting a stay is appropriate where there is no intention on the part of the Petitioner to delay or

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harass and in order to avoid piecemeal litigation. Id.

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Petitioner states he has filed a petition in the California Supreme Court and is currently

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awaiting a ruling. It appears to the Court that Petitioner is attempting to exhaust his claims in a timely

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and expeditious manner, and there is no indication that Petitioner intends to harass or delay the

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proceedings, nor does it appear that Petitioner is engaging in dilatory conduct. Therefore, good cause

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having been presented, the Court will grant a stay of the proceedings and will hold the petition for writ

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of habeas corpus in abeyance pending exhaustion of Petitioner’s state remedies.

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However, the Court will not indefinitely hold the petition in abeyance. See Taylor, 134 F.3d at

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988 n. 11. No later than 30 days after the date of service of this Order Petitioner must inform the

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Court of the status of the habeas proceedings in state court, including the dates his cases were filed, the

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case numbers, and any outcomes.1 Furthermore, Petitioner must proceed diligently to pursue his state

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court remedies, and every 60 days after the filing of the initial status report Petitioner must file a new

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status report regarding the status of his state court habeas corpus proceedings. Following final action

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by the state courts, Petitioner will be allowed 30 days within which to file a motion for leave to amend

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the instant petition to include the newly exhausted claims. The petition should be titled “First

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Amended Petition,” and it must set forth only grounds he has exhausted in the state courts. Further, he

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must state cognizable grounds for relief as discussed in the Court’s screening order of December 18,

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2017. (Doc. 6.) Failure to comply with these instructions and time allowances will result in this Court

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vacating the stay nunc pro tunc to the date of this order.

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ORDER

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Accordingly, the Court ORDERS:

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1. Petitioner’s motion for extension of time (Doc. 12) is construed as a motion to stay the

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instant proceedings on his habeas petition;
2. Petitioner motion to stay proceedings is GRANTED and proceedings are STAYED

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The filing should be entitled “Status Report.”

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pending exhaustion of Petitioner’s state remedies;
3. Petitioner SHALL file a status report within 30 days of the date of service of this order,

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advising the Court of the status of all pending habeas proceedings filed in state court, the dates when

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such cases were filed, and any outcomes;

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4. Petitioner SHALL file a new status report every 60 days after the filing of the initial status
report; and
5. Petitioner is GRANTED 30 days following the final order of the state courts within which
to file a First Amended Petition to include only exhausted claims.

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IT IS SO ORDERED.
Dated:

April 13, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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