Sharonoff v. Warden

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 7/16/14 vacating 26 FINDINGS AND RECOMMENDATIONS; and within 28 days from the filing date of this order, petitioner shall file a copy of his state habeas petition filed in the California Supreme Court on or about May 6, 2014.(Dillon, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

KENNETH A. SHARANOFF,

11
12
13
14

No. 2:13-cv-00794 LKK AC P

Petitioner,
v.

ORDER

WARDEN,
Respondent.

15
16

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a habeas corpus

17

petition pursuant to 28 U.S.C. § 2254. On June 3, 2014 this court issued Findings and

18

Recommendations with respect to petitioner’s pending motions to stay and abey his federal

19

habeas petition pending the exhaustion of state court remedies, ECF Nos. 19, 22, as well as his

20

two amended § 2254 petitions, ECF Nos. 21, 24. Petitioner filed objections and supplemental

21

objections to the Findings and Recommendations which included a copy of an order issued on

22

June 25, 2014 by the California Supreme Court denying petitioner’s state habeas corpus petition.

23

See ECF No. 31 at 2. Based on this new information, the court will vacate the Findings and

24

Recommendations issued on June 3, 2014.

25

However, petitioner did not include a copy of the actual state habeas petition filed in the

26

California Supreme Court. As a result, this court is presently unable to determine what claims

27

petitioner has properly exhausted. Petitioner will therefore be ordered to provide an actual copy

28

of the state habeas petition filed in the California Supreme Court in order to identify what
1

1

claim(s) he has exhausted. The motions for a stay will not be deemed submitted until petitioner

2

has provided a complete copy of his state habeas petition to the court.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. The June 3, 2014 Findings and Recommendations (ECF No26) are vacated; and,

5

2. Within twenty-eight days from the filing date of this order, petitioner shall file a copy

6

of his state habeas petition filed in the California Supreme Court on or about May 6, 2014.

7

DATED: July 16, 2014.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2