Sciosciole v. Gower

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/23/14 denying 13 Motion to Stay. Petitioner is granted 30 days within which to file a motion for leave to file an amended petition for writ of habeas corpus. If petitioner elects to file a motion to amend, he must include a copy of his proposed amended petition. If no motion to amend is filed within 30 days, the court will proceed on petitioner's original petition. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD FRANCIS SCIOSCIOLE,

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No. 2:13-cv-2438 CKD P

Petitioner,

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v.

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GOWER,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, is proceeding with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. He has filed a motion asking that this matter be

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stayed while he exhausts state court remedies in the California Supreme Court with respect to his

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claim that he received ineffective assistance of appellate counsel on direct appeal. A review of

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California Supreme Court records in case S217920 reveals that on June 11, 2014, petitioner’s

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petition for a writ of habeas corpus was denied. Therefore petitioner’s request for a stay of this

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matter is moot.
Good cause appearing, petitioner will be granted 30 days within which to file a motion for

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leave to file an amended petition for writ of habeas corpus. If petitioner elects to file a motion to

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amend, he must include a copy of his proposed amended petition which must contain all of

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petitioner’s proposed claims.

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/////
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s April 17, 2014 motion for a stay (ECF No. 13) is denied as moot; and

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2. Petitioner is granted 30 days within which to file a motion for leave to file an amended

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petition for writ of habeas corpus. If petitioner elects to file a motion to amend, he must include a

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copy of his proposed amended petition. If no motion to amend is filed within 30 days, the court

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will proceed on petitioner’s original petition.

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Dated: June 23, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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scio2438.sty

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