Odom v. Adams

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 12/18/18 GRANTING 23 Request to lift the stay and granting 22 , 23 Motion for Extension of time. Within 30 days of service of this order, petitioner shall file an amended petition. The Clerk of the Court is directed to re-open this case. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RYAN BIGOSKI ODOM,

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Petitioner,

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No. 2:17-cv-0233 JAM AC P

v.

ORDER

D.G. ADAMS,

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Respondent.

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Petitioner is a state prisoner proceeding pro se on a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On November 2, 2017, the court issued a stay in this matter and

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administratively closed the case while petitioner returned to the state court to exhaust additional

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claims. ECF No. 15. Petitioner was required to notify this court within thirty days of a decision

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by the state’s highest court exhausting her new claims. Id. at 2. At the same time, she was to file

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an amended petition and a request to lift the stay. Id. Petitioner has now filed a notice stating

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that the California Supreme Court denied her petition on November 14, 2018, and requests that

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the stay be lifted and she be given an additional thirty days to file an amended petition. ECF Nos.

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22, 23.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to re-open this case.

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2. Petitioner’s request to lift the stay (ECF No. 23) is granted and the stay is lifted.
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3. Petitioner’s requests for an additional thirty days to file an amended petition (ECF

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Nos. 22, 23) are granted. Within thirty days of service of this order, petitioner shall file an

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amended petition. If petitioner does not file an amended petition, the case will proceed on the

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original petition.

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DATED: December 18, 2018

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