Bledsoe v. Martel

Filing 32

ORDER signed by Magistrate Judge John F. Moulds on 02/20/13 denying 21 Motion to Stay. Petitioner is granted 60 days from the date of this order to file as appropriate, either an amended petition raising only exhausted claims; and petitioner's 02/15/13 motion for extension of time 31 is denied as moot. (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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CHARLES BLEDSOE,

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Petitioner,

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No. 2:11-cv-1590 MCE JFM P

vs.
M. MARTEL, Warden,

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ORDER

Respondents.

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Petitioner is a state prisoner proceeding through court-appointed counsel with an

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application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 15, 2013

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petitioner filed a request for an extension of time to comply with this court’s December 17, 2012

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order. Pursuant to that order, counsel was directed to file within sixty days either a supplemental

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brief in support of petitioner’s pro se motion to stay these proceedings, filed May 1, 2012, or

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notice that counsel intends to rest on the motion and reply brief filed by petitioner. In the request

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for extension of time, petitioner’s counsel represents that she is still gathering relevant material.

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After review of the record, and good cause appearing, the court will deny

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petitioner’s pro se motion to stay without prejudice. Petitioner, through his counsel, will be

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granted a period of sixty days to file, as appropriate, either an amended petition raising only

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exhausted claims or a new motion to stay these proceedings. Petitioner’s motion for extension of

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time is mooted by this order and will therefore be denied.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s May 1, 2012 motion to stay is denied without prejudice.

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2. Petitioner is granted sixty days from the date of this order to file, as

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appropriate, either an amended petition raising only exhausted claims; and

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3. Petitioner’s February 15, 2013 motion for extension of time is denied as moot.
DATED: February 20, 2013.

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bled1590.o2

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