Brooks v. McDonald

Filing 31

ORDER signed by Magistrate Judge Dale A. Drozd on 4/01/15 ordering petitioner's request to lift the stay of this action 29 is granted. The clerk of the court is directed to reopen this case. Within 30 days of the date of service of this order, petitioner shall file a second amended petition containing all of his exhausted claims. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHARAOH E. BROOKS, 12 No. 2:11-cv-1637 MCE DAD P Petitioner, 13 v. 14 M. McDONALD, 15 ORDER Respondent. 16 Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s request to lift the 19 stay of this action. Good cause appearing, the court will grant petitioner’s request and lift the 20 previously entered stay of this federal habeas action. In addition, however, the court will direct 21 petitioner to file a second amended petition containing all of his exhausted claims. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. Petitioner’s request to lift the stay of this action (Doc. No. 29) is granted; 24 2. The Clerk of the Court is directed to re-open this case; and 25 ///// 26 ///// 27 ///// 28 ///// 1 1 3. Within thirty days of the date of service of this order, petitioner shall file a second 2 amended petition containing all of his exhausted claims. 3 Dated: April 1, 2015 4 5 6 DAD:9 broo1637.lft 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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