Torres v. Virga

Filing 56

ORDER signed by Magistrate Judge Dale A. Drozd on 4/29/2015 ORDERING that this action is STAYED for 90 days; during the 90-day period of the stay, petitioner's counsel shall keep the court apprised of any legal developments that would justify a lifting of the stay.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN TORRES,

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No. 2:12-cv-1358 TLN DAD P
Petitioner,

v.

ORDER

TIM VIRGA, Warden, et al.,
Respondent.

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Petitioner is a state prisoner proceeding through appointed counsel with a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order dated February 17, 2015, this

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action was stayed for the fourth time. Petitioner was directed to file a status report before the

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expiration of the stay and to notify the court and opposing counsel of the status of several

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petitions for certiorari pending before the United States Supreme Court in the event that the stay

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had not been lifted before the period of the stay had expired.

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On April 15, 2015, petitioner filed the required status report. Therein, petitioner has

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provided the court with an update on the status of various relevant petitions pending before the

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United States Supreme Court concerning petitioner’s Eighth Amendment challenge to his

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sentence. Petitioner has also advised the court that his investigation into his ineffective assistance

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of counsel claim should be completed within six weeks and that he expects to present new

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sentencing mitigation and risk assessment information to the state courts in a habeas petition.
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Petitioner states that he intends to file a motion to stay and abey these proceedings within 60-90

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days.

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Good cause appearing, the court will grant an additional 90 day stay of this action.

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Petitioner’s motion for a stay and abeyance of this action, if any, shall be filed before the

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expiration of the stay.

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Accordingly, IT IS HEREBY ORDERED AS FOLLOWS:

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1. This action is stayed for ninety days from the date of this order.

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2. During the ninety day period of the stay, petitioner’s counsel shall keep the court

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apprised of any legal developments that would justify a lifting of the stay.
Dated: April 29, 2015

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DAD:8
Torres1358.stay(4)

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