Torres v. Montgomery

Filing 13

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/24/16 ORDERING that Petitioner's motion for a stay (ECF No. 10 ) is GRANTED; This matter is STAYED and the Clerk of the Court is directed to administratively close the case; Respon dent's pending motion to dismiss (ECF No. 9 ) is DENIED without prejudice; and Petitioner shall inform the court within 10 days of exhaustion of all state court remedies and indicate whether he wishes to proceed on the petition already on file, seek leave to file an amended petition, or seek dismissal of this case.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADRIAN TORRES,

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Petitioner,

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No. 2:16-cv-1245 JAM CKD P

v.

ORDER

WARREN L. MONTGOMERY,

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Respondent.

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Petitioner has filed a motion asking that this matter be stayed while he exhausts state court

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remedies with respect to certain claims. Respondent does not oppose the motion. Good cause

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appearing, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for a stay (ECF No. 10) is granted;

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2. This matter is stayed and the Clerk of the Court is directed to administratively close the

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case;
3. Respondent’s pending motion to dismiss (ECF No. 9) is denied without prejudice; and

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4. Petitioner shall inform the court within ten days of exhaustion of all state court

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remedies and indicate whether he wishes to proceed on the petition already on file, seek leave to

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file an amended petition, or seek dismissal of this case.

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Dated: August 24, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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torr1245.sty

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