Watts v. Adams

Filing 29

ORDER signed by Magistrate Judge Gregory G. Hollows on 02/17/12 ordering that petitioner file an amended petition containing the exhausted claims he wishes to pursue within 28 days of service of this order. (Plummer, 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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CHICO ROMERO WATTS,

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Petitioner,

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vs.

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No. CIV S-10-0277 WBS GGH P

D. ADAMS, et al.,

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ORDER

Respondents.

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/

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On May 5, 2010, petitioner’s petition was stayed pursuant

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to King/Kelly, for petitioner to exhaust several additional claims in state court.1 On February 3,

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2012, petitioner filed a notice that his unexhausted claims had been exhausted. Petitioner also

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included an order from the California Supreme Court denying his petition for writ of habeas

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corpus on March 30, 2011, though it is not clear why petitioner waited so long to inform this

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court. Nevertheless, if petitioner wishes to proceed he must file an amended petition in this court

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containing all exhausted claims he wishes to pursue, within 28 days. Failure to file an amended

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petition will result in a recommendation that this action be dismissed.

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It appeared that a few claims were properly exhausted in the original filing.
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Accordingly, IT IS HEREBY ORDERED that petitioner file an amended petition

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containing the exhausted claims he wishes to pursue within 28 days of service of this order.

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Failure to file an amended petition will result in a recommendation that this action be dismissed.

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DATED: February 17, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: AB
watt277.ord4

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