Kennedy v. Chappell

Filing 89

ORDER signed by Magistrate Judge Kendall J. Newman on 11/29/2016 VACATING the temporary lift of the stay; and the Clerk shall renew the stay of this case effective 6/4/2016. CASE STAYED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY NOBLE KENNEDY,

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Petitioner,

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No. 2:13-cv-2041 KJM KJN DP

v.

ORDER

KEVIN CHAPPELL, Warden of San
Quentin State Prison,
Respondent.

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By order filed April 19, 2016, this action was stayed pending the California Supreme

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Court’s resolution of petitioner’s exhaustion petition. (ECF No. 83 at 4.) On June 3, 2016, the

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stay was temporarily lifted by the undersigned to consider whether new evidence should be

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considered by the California Supreme Court, and petitioner was directed to present the newly

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identified evidence to the California Supreme Court. (ECF No. 88.) The petition is presently

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pending in the California Supreme Court. Kennedy, Jerry Noble, on Habeas Corpus, No.

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S235415 (Cal. Sup. Ct.). Therefore, the temporary lift of the stay is vacated, and the Clerk of the

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Court shall renew the stay of this case effective June 4, 2016.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The temporary lift of the stay is vacated; and

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2. The Clerk of the Court shall renew the stay of this case effective June 4, 2016.
Dated: November 29, 2016

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/kenn2041.sty

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