Lisea v. Sherman

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/27/2014 DISMISSING the petition, without prejudice, to re-filing if and when state remedies are exhausted as to all claims; the Clerk shall close this case; and the court DECLINES to issue a certificate of appealability under 28 U.S.C. § 2253. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDUARDO LISEA,

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No. 2:14-cv-1766 CKD P

Petitioner,

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v.

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STU SHERMAN,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding through counsel, has consented to this court’s

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jurisdiction pursuant to 28 U.S.C. § 636(c) and Local Rule 302. On July 2014, the undersigned

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determined that the petition in this action was “mixed,” containing both exhausted and

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unexhausted claims. On September 8, 2014, the undersigned denied petitioner’s motion to stay

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this action pursuant to Rhines v. Weber, 544 U.S. 269 (2005). Petitioner was granted thirty days

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to file an amended petition containing only exhausted claims or face dismissal of this action

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without prejudice. The thirty days has passed, and petitioner has not filed an amended petition.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. The petition is dismissed without prejudice to re-filing if and when state remedies are

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exhausted as to all claims;

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2. The Clerk of Court shall close this case; and

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3. The court declines to issue a certificate of appealability under 28 U.S.C. § 2253.

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Dated: October 27, 2014

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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