(HC) Fowler v. Fox

Filing 16

ORDER GRANTING Petitioner's 14 Motion to Lift Stay signed by Magistrate Judge Jennifer L. Thurston on 10/09/2019. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL R FOWLER, 12 Petitioner, 13 v. 14 WARDEN FOX, Respondent. 15 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-01516-JLT (HC) ORDER GRANTING PETITIONER’S MOTION TO LIFT STAY (Doc. 14) On November 1, 2018, Petitioner filed a petition for writ of habeas corpus challenging his 18 2016 conviction in Tuolumne County Superior Court for assault with a deadly weapon and false 19 imprisonment. (Doc. 1.) Petitioner raised six claims in his petition and indicated that three of them 20 were unexhausted. He requested a stay of the proceedings to allow him time to exhaust his state 21 remedies. The Court granted the stay on November 5, 2018. (Doc. 8.) On September 20, 2019, 22 Petitioner filed a motion to lift the stay stating that exhaustion was complete and attaching a copy of 23 the denial issued by the California Supreme Court. (Doc. 14.) It appears the petition is exhausted, so 24 the Court LIFTS the stay. 25 26 27 28 IT IS SO ORDERED. Dated: October 9, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 1

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