Maciel v. Knipp

Filing 28

ORDER signed by Magistrate Judge Allison Claire on 06/10/16 ordering petitioner is to file a case status update within ten days of service of this order, afterwhich he is to continue filing an update every ninety days. Petitioner shall inform the court within thirty days of a decision by the states highestcourt exhausting his new claims, and shall at that time request a lift of the stay and file anamended petition setting forth all of his claims. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL SETH MACIEL,

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Petitioner,

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No. 2:12-cv-01023 MCE AC P

v.

ORDER

WILLIAM KNIPP,

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Respondent.

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By Order filed on March 21, 2014, the court continued the stay in this matter and ordered

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petitioner to file a case status update every ninety days. ECF No. 18. Petitioner’s last status

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update was filed on February 13, 2016.1 ECF No. 27. His next status update was due May 13,

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2016. An update has not been filed. Petitioner will be directed to file a case status update within

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ten days of service of this order.

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Accordingly, IT IS ORDERED that:

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1. Petitioner is to file a case status update within ten days of service of this order, after

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which he is to continue filing an update every ninety days.

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Since petitioner is proceeding pro se, he is afforded the benefit of the prison mailbox rule. See
Houston v. Lack, 487 U.S. 266, 276 (1988).
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2. Petitioner shall inform the court within thirty days of a decision by the state’s highest

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court exhausting his new claims, and shall at that time request a lift of the stay and file an

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amended petition setting forth all of his claims.

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DATED: June 10, 2016

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