Smith v. Montgomery et al

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/10/14 granting 7 Motion for Extension of time. Petitioner is granted 30 days from the date of this order in which to file an amended petition. Petitioner's motion to stay 8 is denied without prejudice to renewal. Petitioner may file a motion to stay along with any amended petition. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RAYSHAWN SMITH,

12

Petitioner,

13
14

No. 2:14-cv-2468 CKD P

v.

ORDER

W. L. MONTGOMERY, et al.,

15

Respondents.

16
Petitioner has requested an extension of time to file an amended petition pursuant to the

17
18

court’s order of October 27, 2014. Good cause appearing, this request will be granted.
Petitioner has also filed a motion to stay this action pending exhaustion of state remedies.

19
20

As there is no petition currently before the court, this motion is premature.

21

Accordingly, IT IS HEREBY ORDERED that:

22

1. Petitioner’s request for an extension of time (ECF No. 7) is granted;

23

2. Petitioner is granted thirty days from the date of this order in which to file an amended

24

petition; and

25

////

26

////

27

////

28

////
1

1

3. Petitioner’s motion to stay (ECF No. 8) is denied without prejudice to renewal.

2

Petitioner may file a motion to stay along with any amended petition.

3

Dated: December 10, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9
10

2 / smit2468 .111

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2