Jones v. Kern Valley State Prison

Filing 16

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/3/2014 DENYING petitioner's 9 motion to stay the proceeding to complete exhaustion, as moot; and petitioner shall file the missing pages setting forth Ground Four and its supporting facts within 21 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JONES,

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Petitioner,

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v.

ORDER

WARDEN, KERN VALLEY STATE
PRISON,
Respondent.

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

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No. 2:14-cv-0486 JAM GGH P

corpus pursuant to 28 U.S.C. § 2254.
On April 14, 2014, petitioner filed a motion to stay pending exhaustion of unexhausted

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claims. The records indicate that petitioner initially opened this action by requesting an extension

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of time to file his federal habeas petition because he did not have access to his personal property

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while he was in crisis care at California Health Care Facility in Stockton and was recently

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returned to Kern Valley State Prison. (ECF No. 1.) His request was denied, and he then filed his

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petition on April 14, 2014. (ECF No. 8.) Petitioner’s motion to stay explains that he is filing his

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petition with unexhausted claims because the court ordered him to do so, instead of granting him

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an extension of time. He indicates that he filed his last exhaustion petition with the California

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Supreme Court on March 25, 2014, and has been waiting for that court’s decision.

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By order of May 21, 2014, the motion to stay was addressed but not decided. Petitioner

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was informed of the deficiencies in the petition, and directed to file an amended petition which

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sets forth which claims are exhausted, and to clarify Ground Four. Petitioner has now filed an

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amended petition which appears to be fully exhausted. It does, however, appear to be missing

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facts and argument pertaining to Ground Four. The amended petition at 6 (ECF No. 15 at 5),

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reflects that Ground Four is continued, but there is no later page where petitioner completes his

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discussion of Ground Four. Therefore, he will be given the opportunity to file the missing pages

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concerning Ground Four.

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In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner’s motion to stay the proceeding to complete exhaustion, (ECF No. 9), is
denied as moot; and
2. Petitioner shall file the missing pages setting forth Ground Four and its supporting

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facts within twenty-one days of this order.

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Dated: November 3, 2014

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076
jone0486.stay(2)

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