Gore v. McDanials et al

Filing 40

ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/22/2010 DENYING petitioner's 26 request to stay. (Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2/gore0448.sty IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH K. GORE, Petitioner, vs. E. K. MC DANIALS, et al., Respondents. / Petitioner is a state prison inmate proceeding pro se with a petition for a writ of habeas corpus. On September 14, 2009, this court denied petitioner's initial request for a stay of the proceedings. He has now filed an amended request for a stay. However, it appears that the California Supreme Court has denied his exhaustion petition, rendering a stay unnecessary. See In re Gore, S176410 (Cal. S. Ct. March 10, 2010). IT IS THEREFORE ORDERED that petitioner's request for a stay (Docket No. 26) is denied. DATED: April 22, 2010. ORDER No. CIV S-08-0448 JAM KJM P

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