Nolen v. Valenzuela

Filing 23

ORDER signed by Magistrate Judge Deborah Barnes on 1/5/17 ORDERING that 20 Motion to Stay is DENIED as moot; respondent shall, within 30 days of the date of this order, address petitioner's first amended petition (ECF No. 22 ).(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMY GARFIELD NOLEN,

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No. 2:16-cv-0041 DB

Petitioner,
v.

ORDER

E. VALENZUELA,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. (ECF No. 1.)
Petitioner filed his initial petition on December 22, 2015. (ECF No. 1.) Respondent filed

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an answer on April 22, 2016. (ECF No. 18.) On May 13, 2016, petitioner filed a motion to stay

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his petition and hold it in abeyance while he exhausts the unexhausted claims in state court. (ECF

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No. 20.) Respondent never filed a response to this motion and the court has yet to rule on it. On

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September 16, 2016, petitioner filed a first amended petition for writ of habeas corpus. (ECF No.

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22.) The claims in the amended petition are the same as in the original; however, in the amended

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petition, petitioner indicates that all claims have been exhausted in state court at this time. (Id.)

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Accordingly, at this point, the purpose of petitioner’s motion to stay is moot since there

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are no longer unexhausted claims in state court, which would necessitate a stay. Therefore, IT IS

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HEREBY ORDERED that petitioner’s motion to stay is denied as moot. Furthermore,
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respondent has not submitted any filings addressing petitioner’s first amended petition.

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Therefore, IT IS HEREBY ORDERED that respondent shall, within thirty days of the date of this

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order, address petitioner’s first amended petition (ECF No. 22).

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Dated: January 5, 2017

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TIM-DLB:10
DB / ORDERS / ORDERS.PRISONER.HABEAS / nole0041.mts

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