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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY EARL RICHARD,

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No. 2:12-cv-1436 GEB DAD P

Petitioner,
v.

ORDER

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SUSAN HUBBARD, Warden,

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Respondent.

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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

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it in abeyance and ordered petitioner to exhaust his state court remedies on any unexhausted

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claims forthwith. The court also ordered petitioner to file a status report in this case on the first

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court day of each month. In petitioner’s most recent status report, filed April 13, 2015, petitioner

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has informed the court that the California Supreme Court has now denied his exhaustion petition.

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Petitioner has requested guidance on how to proceed.

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As this court previously informed petitioner when it stayed this action, to proceed in this

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federal habeas action petitioner must file a motion to lift the stay of this action, together with a

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motion to amend his petition, and a proposed third amended petition containing all of his

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exhausted claims.
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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Within thirty days of the date of this order petitioner shall file a motion to lift the stay

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of this action, a motion to amend his petition, and a proposed third amended petition containing

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all of his exhausted claims; and

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2. The Clerk of the Court is directed to send petitioner the court’s form for filing a

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petition for writ of habeas corpus.

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Dated: April 22, 2015

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DAD:9
rich1436.lft

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