Montanez vs Cate, et al

Filing 7

ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/24/09 ORDERING that this action is stayed; Clerk of the Court is directed to administratively close this case; and petitioner shall inform the court within 10 days of the exhaustion of state court remedies with respect to claims 1-3 in his habeas petition.(Dillon, M)

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1/mont1865.sty

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RAMIRO MONTANEZ, Petitioner, vs. MATTHEW CATE, et al. Respondents. / Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. Petitioner requests that this action be stayed while he exhausts state court remedies with respect to claims 1-3. Pet. at 3-4. Good cause appearing, IT IS HEREBY ORDERED that: 1. This action is stayed; 2. The Clerk of the Court is directed to administratively close this case; and 3. Petitioner shall inform the court within ten days of the exhaustion of state court remedies with respect to claims 1-3 in his habeas petition. DATED: July 24, 2009. ORDER No. CIV S-09-1865 KJM P