Maciel v. Knipp

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 10/28/13 ordering that petitioner within 30 days must inform the court as to the status of his state court petition; and show cause why the stay in this matter should not be lifted and this case proceed on the two apparently exhausted claims of his original petition. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DANIEL SETH MACIEL,

12

Petitioner,

13
14

No. 2:12-cv-1023 MCE AC P

v.

ORDER

WILLIAM KNIPP,

15

Respondent.

16
By Order filed on July 15, 2012 (ECF No. 14), the court granted petitioner’s request for a

17
18

stay in this habeas matter pursuant to Kelly v. Small 315 F.3d 1063, 1070 (9th Cir. 2003).

19

Petitioner was directed to exhaust his state remedies forthwith, and to inform this court within

20

thirty days of a decision by the state’s highest court exhausting his new claims. Petitioner was

21

also directed at such time to request a lift of the stay and to file an amended petition setting forth

22

all of his claims.
This case has now been stayed for more than fifteen months with no communication from

23
24

petitioner.

25

Accordingly, IT IS ORDERED that petitioner, within thirty (30) days must:

26

1. Inform the court as to the status of his state court petition; and

27

////

28

////
1

1

2. Show cause why the stay in this matter should not be lifted and this case proceed on

2

the two apparently exhausted claims of his original petition.

3

DATED: October 28, 2013

4
5
6
7
8
maci1023

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2