Stanley v. Calderon
Filing
1030
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/01/16 ordering that within 30 days of the date petitioner's automatic appeal is final, petitioner shall file a status report which shall include a description of any further state court proceedings and argument in support of any request for maintenance of the stay and abeyance of these federal proceedings. (Plummer, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JERRY F. STANLEY,
12
13
14
15
Petitioner,
No. 2:95-CV-1500 JAM CKD
DEATH PENALTY CASE
v.
WARDEN, San Quentin State Prison,
ORDER
Respondent.
16
17
On April 21, 2015, this court ordered these proceedings stayed and held in abeyance
18
during the pendency of petitioner’s state exhaustion proceedings. (ECF No. 1012.) Petitioner
19
has filed a status report describing complications in those proceedings. (ECF No. 1026.) The
20
court will not repeat the series of events in state court. Suffice it to say that petitioner’s counsel
21
attempted to initiate the state proceedings, the state court determined the state habeas petition
22
should not be filed, and the state court initiated an automatic appeal from the superior court
23
determinations regarding the retrospective competency proceeding. Petitioner seeks a
24
determination from this court that the stay and abeyance of these federal proceedings should
25
remain in place pending resolution of the state court appeal and any related state court habeas
26
corpus proceeding.
27
28
The current state court proceedings are not those contemplated by the parties or the court
when it ordered the stay. (See ECF Nos. 1010, 1012.) However, petitioner’s state remedies
1
1
remain unexhausted. Both parties agree that these proceedings should remain stayed through the
2
state appellate proceedings. (See ECF Nos. 1026, 1029.) This court agrees as well. These
3
proceedings shall remain stayed through the conclusion of the state automatic appeal. At that
4
time, the court will consider whether an extension of the stay is necessary to permit state court
5
resolution of any collateral review proceedings.
6
Accordingly, IT IS HEREBY ORDERED that within thirty days of the date petitioner’s
7
automatic appeal is final, petitioner shall file a status report which shall include a description of
8
any further state court proceedings and argument in support of any request for maintenance of the
9
stay and abeyance of these federal proceedings.
10
Dated: June 1, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
16
17
18
19
20
21
Stanley stay abey.or2
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?