Doughton v. McDonald

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 5/18/12 ORDERING that the stay is lifted and this action is reopened; the petition is dismissed with 30 days to file an amended petition; and the Clerk of the Court is directed to send petitioner the form for a habeas corpus petition pursuant to 28 U.S.C. § 2254. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

CAMITT DOUGHTON,

11

Petitioner,

12
13

No. 2: 11-cv-2252 KJN P

vs.
WARDEN McDONALD, et al.,

14

Respondents.

15

ORDER
/

16

Petitioner is a state prisoner, proceeding without counsel, with a petition for writ

17

of habeas corpus pursuant to 28 U.S.C. § 2254. On October 14, 2011, this action was

18

administratively stayed so that petitioner could exhaust his unexhausted claims.

19
20

On April 20, 2012, petitioner filed a notice of exhaustion. Good cause appearing,
the stay is lifted.

21

The original petition does not clearly raise the recently exhausted claims. For that

22

reason, the petition is dismissed with leave to file an amended petition. The amended petition

23

must clearly identify all of the claims petitioner intends to raise in the instant action. Petitioner is

24

not required to re-file the exhibits attached to the original petition.

25

////

26

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The stay is lifted and this action is reopened;

3

2. The petition is dismissed with thirty days to file an amended petition; and

4

3. The Clerk of the Court is directed to send petitioner the form for a habeas

5

corpus petition pursuant to 28 U.S.C. § 2254.

6

DATED: May 18, 2012

7
8

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

9
10

dou2252.ord

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2