Espinoza v. Ornoski

Filing 293

ORDER signed by Magistrate Judge Deborah Barnes on 8/23/2022 ORDERING that within 20 days of the filed date of this order, petitioner's counsel shall notify the court whether the resolution of his state court claim constitutes a final decision of the state court on his exhaustion petition and the stay of these proceedings should be lifted. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO ESPINOZA,

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No. 2:94-cv-1665 JAM DB P

Petitioner,
v.

ORDER

WARDEN, CALIF. STATE PRISON AT
SAN QUENTIN,
Respondent.

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Petitioner is a state prisoner formerly under sentence of death. He is proceeding through

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counsel with a petition for a writ of habeas corpus. In 2018, the court stayed this case to permit

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petitioner to exhaust his state remedies. (See ECF No. 289.) On June 13, 2022, petitioner’s

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counsel filed a document entitled “Report of Claim Disposition.” Counsel informed the court that

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the parties stipulated to vacate the sentence of death and the state court has imposed a sentence of

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life without parole. (ECF No. 292.)

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Within twenty days of the filed date of this order, petitioner’s counsel shall notify the

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court whether the resolution of his state court claim constitutes a final decision of the state court

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on his exhaustion petition and the stay of these proceedings should be lifted.

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IT IS SO ORDERED.
Dated: August 23, 2022

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DLB:9
DB Prisoner Inbox/Capital/espinoza.exh notice

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