Horning v. Cullen

Filing 55

ORDER signed by Magistrate Judge Dennis M. Cota on 08/26/21 ORDERING petitioner shall file a report on the status of state court exhaustion proceedings within 30 days of the date of this order.(Plummer, M)

Case 2:10-cv-01932-JAM-DMC Document 55 Filed 08/27/21 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY RAY HORNING,

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Petitioner,

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v.

No. 2:10-CV-1932-JAM-DMC
DEATH PENALTY CASE
ORDER

RON BROOMFIELD1,

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Respondent.

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Petitioner, a state prisoner proceeding with appointed counsel, brings this petition

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for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
A review of the docket reflects that the matter was stayed on January 19, 2012, to

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allow Petitioner to exhaust new claims in state court. See ECF No. 41. The stay was lifted

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temporarily on October 5, 2012, to allow amendment of the operative petition pending in this

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Court to add Claim 10G. See ECF No. 50. The Court deemed the petition amended upon

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issuance of the October 5, 2012, order and the stay was reimposed and is currently in place. See

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id. Petitioner shall file a report on the status of state court exhaustion proceedings within 30 days

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///

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///

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Pursuant to Federal Rule of Civil Procedure 25(d), Ron Broomfield is substituted
for his predecessor. The Clerk of the Court is directed to update the docket to reflect the above
caption.
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Case 2:10-cv-01932-JAM-DMC Document 55 Filed 08/27/21 Page 2 of 2
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of the date of this order.
IT IS SO ORDERED.

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Dated: August 26, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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