Richard v. Hubard
Filing
41
ORDER signed by Magistrate Judge Dale A. Drozd on 4/22/2015 ORDERING petitioner to file a motion to lift the stay of this action, a motion to amend his petition, and a proposed third amended petition containing all of his exhausted claims, within 30 days; and the Clerk shall send petitioner a form for filing a petition for writ of habeas corpus.(Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
ANTHONY EARL RICHARD,
12
13
No. 2:12-cv-1436 GEB DAD P
Petitioner,
v.
ORDER
14
SUSAN HUBBARD, Warden,
15
Respondent.
16
17
18
19
Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
On September 19, 2013, this court granted petitioner’s motion to stay this action and hold
20
it in abeyance and ordered petitioner to exhaust his state court remedies on any unexhausted
21
claims forthwith. The court also ordered petitioner to file a status report in this case on the first
22
court day of each month. In petitioner’s most recent status report, filed April 13, 2015, petitioner
23
has informed the court that the California Supreme Court has now denied his exhaustion petition.
24
Petitioner has requested guidance on how to proceed.
25
As this court previously informed petitioner when it stayed this action, to proceed in this
26
federal habeas action petitioner must file a motion to lift the stay of this action, together with a
27
motion to amend his petition, and a proposed third amended petition containing all of his
28
exhausted claims.
1
1
Good cause appearing, IT IS HEREBY ORDERED that:
2
1. Within thirty days of the date of this order petitioner shall file a motion to lift the stay
3
of this action, a motion to amend his petition, and a proposed third amended petition containing
4
all of his exhausted claims; and
5
2. The Clerk of the Court is directed to send petitioner the court’s form for filing a
6
petition for writ of habeas corpus.
7
Dated: April 22, 2015
8
9
10
DAD:9
rich1436.lft
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?