Summers v. Trimbal

Filing 59

ORDER signed by Magistrate Judge Allison Claire on 11/19/2014 GRANTING petitioner's 56 unopposed motion to stay these proceedings; the 12/10/2014 hearing set for the motion to stay is VACATED; petitioner shall diligently proceed to exhaust his state court remedies; and petitioner shall notify this court of final disposition by the California Supreme Court within 30 days of the decision and file a motion to lift the stay. CASE STAYED. (Yin, K)

1
2
3
4
5
6

HEATHER E. WILLIAMS, #122664
Federal Defender
ANN C. McCLINTOCK, #141313
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, CA 95814
Attorney for Petitioner,
GREGORY SUMMERS

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GREGORY SUMMERS,
Petitioner,

12

[PROPOSED] ORDER

v.

13
14

No. 2:11-cv-02584 TLN AC

WARDEN TRIMBALL,
Respondent.

15
16
17

For good cause shown, and Respondent having filed a Statement of Non-

18

Opposition, Petitioner’s unopposed motion to stay these proceedings (ECF No. 56)

19

is GRANTED. Proceedings in this matter are hereby STAYED until further order

20

of the court. The petition for writ of habeas corpus will be held in abeyance. The

21

December 10, 2014 hearing set for the motion to stay is VACATED.

22

The stay is subject to the following conditions:

23

1.

Petitioner shall diligently proceed to exhaust his state court remedies.

24

2.

Petitioner shall notify this court of final disposition by the California

25

Supreme Court within 30 days of the decision. Petitioner shall at that time move to

26

////

27

////

28

////

1

lift the stay. IT IS SO ORDERED.

2

DATED: November 19, 2014

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2