Cejas v. Yates

Filing 77

ORDER signed by Magistrate Judge Edmund F. Brennan on 02/22/12 denying 64 Motion to Stay. The clerk is directed to send petitioner a copy of respondent's opposition 74 . (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW A. CEJAS, Petitioner, 11 vs. 12 13 No. CIV S-08-2494 KJM EFB P JAMES A. YATES, Respondent. 14 ORDER / 15 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 16 17 U.S.C. § 2254. Petitioner moves for a stay and abeyance, requesting that the court stay the case 18 while he exhausts his claims in state court. See Dckt. No. 64. Respondent’s opposition argues 19 that the claims that petitioner wishes to exhaust in state court are barred by the statute of 20 limitations and must be dismissed. See Dckt. No. 74. Petitioner has filed a reply, arguing that his motion to stay the case is now moot because 21 22 the California Supreme Court has denied his habeas petition and all of his claims are now 23 exhausted. Dckt. No. 76 at 1. As petitioner’s claims have now been exhausted in state court, his motion for a stay and 24 25 abeyance must be denied as moot. 26 //// 1 1 Accordingly, it is ORDERED that: 2 1. Petitioner’s motion for a stay and abeyance, Dckt. No. 64, is denied as moot; and 3 2. The Clerk is directed to send petitioner a copy of respondent’s opposition, Dckt. No. 4 74. 5 Dated: February 22, 2012. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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