Rodriguez v. Gipson

Filing 25

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/15/2013 ORDERING that petitioner's 17 , 18 , 19 motions are VACATED without prejudice to their renewal as appropriate. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS AMPARAN RODRIGUEZ,

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No. 2:12-cv-2260 TLN GGH P

Petitioner,
v.

ORDER

C. GIPSON, Warden,

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Respondent.

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Pending before the court are petitioner’s motion to delete the fourth claim as unexhausted,

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motion for liberal construction and interpretation of petitioner’s filings, and motion for stay and

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abeyance, all filed July 17, 2013. (ECF Nos. 17, 18 19.) Since petitioner has recently been

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appointed counsel and an amended petition has been ordered to be filed, these pending filings

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may be rendered inoperative. Therefore, they will be vacated without prejudice to their refiling

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after petitioner has consulted with his counsel.

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Accordingly, IT IS ORDERED that: Petitioner’s motions, filed July 17, 2013, (ECF Nos.

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17, 18, 19), are vacated without prejudice to their renewal as appropriate.

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Dated: November 15, 2013

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Rodr2260.vac

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