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