Valdivia v. Frauenheim

Filing 27

ORDER signed by District Judge Troy L. Nunley on 02/08/16 GRANTING 26 MOTION to Lift Stay Previously Granted. (Jackson, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OMAR VALDIVIA,

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No. 2:14-CV-02097-TLN-KLN

Petitioner/Plaintiff,
v.

ORDER TO LIFT STAY

S. FRAUENHEIM, (Warden),

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Respondent/Defendant.

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This matter is before the Court pursuant to Petitioner Omar Valdivia’s (“Petitioner”)

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Motion to Lift Stay. (ECF No. 26.) On October 16, 2015, the Court adopted Magistrate Judge
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Newman’s Findings and Recommendations in full and granted Petitioner’s Motion to Stay

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Proceedings Pending Exhaustion of State Court Remedies. (ECF Nos. 23, 24 & 25.) The Court
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ordered that Petitioner “file a motion to lift the stay of this action within thirty days from the date
of any order by the California Supreme Court addressing Petitioner’s habeas petition.” (ECF No.

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25 at 2.)
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On September 22, 2015, Petitioner filed for writ of habeas corpus in the California
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Supreme Court to exhaust state remedies (In re Omar Valdivia, S229439). (ECF No. 26 at 2.)
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On January 13, 2016, the California Supreme Court denied the state habeas petition. (ECF No.
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26 at 2–3; ECF No. 26-2 at 1.) Petitioner now moves this Court for an order lifting the stay.
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(ECF No. 26.) Petitioner has demonstrated exhaustion of state remedies and therefore the stay

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issued October 16, 2015, is lifted.

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Dated: February 8, 2016

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Troy L. Nunley
United States District Judge

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