Platz v. Hornbeak

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/11 ORDERING that the stay granted in this action on 12/6/07, is LIFTED; Clerk of Court is directed to reopen this case; and Petitioners 24 request for an extension of time is GRANTED; the amended petition shall be filed on or before 7/11/11.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA ANN PLATZ,

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Petitioner,

No. 2:07-cv-01882 MCE KJN P

vs.
TINA HORNBEAK, Warden,
Respondent.

ORDER
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Petitioner is a state prisoner proceeding in forma pauperis and with appointed

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counsel, in this habeas corpus action filed September 11, 2007, pursuant to 28 U.S.C. § 2254.

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This action has been stayed since December 6, 2007, to permit petitioner the opportunity to

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exhaust state court remedies with respect to certain grounds raised in her federal habeas petition.

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Petitioner informs the court that these matters have now been exhausted by action of the

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California Supreme Court on April 13, 2011, the remittitur issuing on April 19, 2011.

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Pursuant to this court’s instructions, petitioner has timely notified the court of the

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California Supreme Court’s resolution of petitioner’s state court proceedings. Petitioner requests

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that the stay be lifted, and that she be granted a sixty-day extension of time within which to file

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an amended habeas petition. Petitioner’s counsel has filed a declaration setting forth

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several reasons supporting the requested extension of time.
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Accordingly, for good cause shown, IT IS HEREBY ORDERED that:

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1. The stay granted in this action on December 6, 2007, is lifted;

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2. The Clerk of Court is directed to reopen this case; and

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3. Petitioner’s request for an extension of time within which to file an amended

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habeas corpus petition (Dkt. No. 24) is granted; the amended petition shall be filed on or before

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July 11, 2011.

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SO ORDERED.
DATED: May 13, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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