Forbes v. Paramo

Filing 13

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/7/2017 ORDERING, within 30 days, petitioner shall file a statement notifying the court whether he has a matter pending before the CA Supreme Court or that the Supreme Court has considered a habeas petition and ruled on it; petitioner shall also proceed to file the request for ifp status directed in the court's Order and Findings and Recommendations of 8/27/2016 (ECF No. 6 ) within the same 30 day time frame. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD FORBES,

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Petitioner,

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No. 2:16-cv-1884 MCE GGH

v.

ORDER

DANIEL PARAMO,

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Respondent.

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Petitioner is proceeding with the case in pro se. On August 17, 2016 this court issued and

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Order and Findings and Recommendations that he be granted a stay to permit him to satisfy the

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exhaustion requirement of 28 U.S.C. section 2254(b)(1), a condition precedent to a determination

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of a federal petition for habeas corpus on its merits, and directing him to complete an application

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to proceed in forma pauperis. ECF No. 6. The District Court adopted the Recommendations and

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granted a stay of this proceeding on January 6, 2017 pursuant to Rhines v. Weber, 544, U.S. 269

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(2005). ECF No. 12.

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To date petitioner has not updated the court on the status of his exhaustion efforts, but the

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court has independently determined that he did place his matter before the Third District Court of

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Appeals and that court entered a ruling in Case No. A105965 on April 12, 2017.1 The court has

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This fact was determined by reference to the appellate court’s web site, which is a source to
which Judicial Notice may be accorded under Federal Rule of Evidence section 201(b)(2).
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not been able to view the dockets of the California Supreme Court in order to determine whether

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exhaustion efforts have proceeded in that forum and/or been decided by that court.

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It light of the foregoing IT IS HEREBY ORDERED that:

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1.

The petitioner shall, within 30 days of the entry of this Order file a statement

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notifying the court whether he has a matter pending before the California Supreme Court or that

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the Supreme Court has considered a habeas petition and ruled on it;

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2.

Petitioner shall also proceed to file the request for in forma pauperis status directed

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in the court’s Order and Findings and Recommendations of August 27, 2016, ECF No. 6 within

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the same 30 day time frame.

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IT IS SO ORDERED.
Dated: August 7, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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