Rood v. Swarthout

Filing 38

ORDER signed by Magistrate Judge Allison Claire on 9/12/14 ORDERING that petitioners next status report shall be filed on or before December 8, 2014 indicating whether or not he has exhausted his claims in the California Supreme Court. In t he event that the California Supreme Court rules on petitioners state habeas corpus petition prior to December 8, 2014, petitioner shall filed a notice of exhaustion in this court in lieu of the status report along with a motion to lift the stay of these proceedings. Any notice of exhaustion shall be accompanied by a complete copy of the state habeas corpus petition filed in the California Supreme Court and its final order resolving the petition.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD VINCENT ROOD,

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No. 2:12-cv-01476 AC P

Petitioner,
v.

ORDER

GARY SWARTHOUT,
Respondent.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, filed this petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties have consented to the

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jurisdiction of the undersigned for all further proceedings. ECF Nos. 7, 13. The court is in receipt

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of petitioner’s most recent status report filed on September 8, 2014 indicating that his state habeas

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petition filed with the California Court of Appeal was denied on August 14, 2014. ECF No. 35.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s next status report shall be filed on or before December 8, 2014 indicating

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whether or not he has exhausted his claims in the California Supreme Court.

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2. In the event that the California Supreme Court rules on petitioner’s state habeas corpus

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petition prior to December 8, 2014, petitioner shall filed a notice of exhaustion in this court in lieu

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of the status report along with a motion to lift the stay of these proceedings. Any notice of

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exhaustion shall be accompanied by a complete copy of the state habeas corpus petition filed in
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the California Supreme Court and its final order resolving the petition.

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DATED: September 12, 2014

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