Chatman v. Evans

Filing 63

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/13/15 denying 58 Motion to Amend and stay without prejudice to renewal. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY A. CHATMAN,

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No. 2:10-cv-0264 KJM CKD P

Petitioner,
v.

ORDER

M. S. EVANS,

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Respondent.

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Petitioner has various options for how to proceed in this § 2254 action on remand. (See

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ECF No. 54.) Proceeding pro se, petitioner has filed a motion to (1) amend the petition to include

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an unexhausted claim and (2) stay this action pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir.

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2003). (ECF No. 58.) As petitioner has been appointed counsel, the undersigned will deny this

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motion without prejudice to renewal, so that petitioner may consult with his attorney before

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determining how to proceed.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion to amend and stay

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(ECF No. 58) is denied without prejudice to renewal.

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Dated: March 13, 2015

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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