Colvard v. Sacramento County Superior Court

Filing 18

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/25/14 disregarding 17 Motion to rescind restitution order. (Dillon, M)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

FOR THE EASTERN DISTRICT OF CALIFORNIA

7
8

CURTIS D. COLVARD,

9
10
11
12

No. 2:13-cv-1709 GGH P

Petitioner,
v.

ORDER

SACRAMENTO COUNTY SUPERIOR
COURT,
Respondent.

13
14
15

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

16

corpus pursuant to 28 U.S.C. § 2254. On September 9, 2013, this court recommended that the

17

petition be dismissed for failure to exhaust state court remedies. That recommendation is now

18

pending before the district court.

19

On February 18, 2014, petitioner filed a document requesting that this court rescind the

20

restitution order pending adjudication of this matter. Assuming that the restitution order pertains

21

to the conviction that is the subject of the instant habeas petition, petitioner is informed that his

22

request will not be addressed without previous state court exhaustion.

23

Accordingly, IT IS HEREBY ORDERED that: petitioner’s motion to rescind restitution

24

order, filed February 18, 2014 (ECF No. 17), is disregarded.

25

Dated: February 25, 2014

26

/s/ Gregory G. Hollows

27

UNITED STATES MAGISTRATE JUDGE

28

GGH:076/Colv1709.rest

1