Givens v. Seibel

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/28/17 ORDERING that petitioner's request for leave to proceed in forma pauperis (ECF No. 2 ) is GRANTED; Petitioner's motion for a stay (ECF No. 3 ) is GRANTED; Within 30 days of exhaustion of state court remedies, petitioner shall file an amended petition for writ of habeas corpus in which petitioner asserts all of his claims; and the Clerk of the Court is directed to administratively close 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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FRANCOIS P. GIVENS,

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No. 2:17-cv-0328 CKD P

Petitioner,
v.

ORDER

KIMBERLY SEIBEL,

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Respondent.

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Petitioner, a California prisoner proceeding pro se, has filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. He requests leave to proceed in forma pauperis.

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Examination of the in forma pauperis application reveals that petitioner is unable to afford the

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costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28

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U.S.C. § 1915(a).

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With his petition, petitioner has filed a motion asking that this action be stayed while

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petitioner exhausts state court remedies with respect to additional claims. Subject to the

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conditions identified below, that request will be granted. Petitioner is informed, however, that by

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staying this action, the court makes no representation as to whether any claim in petitioner’s

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original petition is timely under the applicable statute of limitations, 28 U.S.C. § 2244(d), or that

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that any claim brought on some later date will be deemed timely. Issues concerning the statute of

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limitations will not be addressed unless raised by respondent.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for leave to proceed in forma pauperis (ECF No. 2) is granted;

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2. Petitioner’s motion for a stay (ECF No. 3) is granted;

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3. Within 30 days of exhaustion of state court remedies, petitioner shall file an amended

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petition for writ of habeas corpus in which petitioner asserts all of his claims; and
4. The Clerk of the Court is directed to administratively close this case.
Dated: February 28, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/mp
give0328.101a

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