Bouras v. Martel

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/08/17 granting 2 Motion to Proceed IFP. Petitioner's motion for a stay 3 is granted. Within 30 days of the exhaustion of state court remedies, petitioner shall inform the court he has exhausted state court remedies and indicate whether he wishes to proceed on the habeas petition already on file or whether he seeks leave to file an amended petition. The clerk of the court is directed to administratively close this case. CASE CLOSED. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE JOHN BOURAS, 12 Petitioner, 13 14 v. No. 2:17-cv-0649 CKD P ORDER MICHAEL MARTEL, 15 Respondent. 16 17 Petitioner, a California prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. He requests leave to proceed in forma pauperis. 19 Examination of the in forma pauperis application reveals that petitioner is unable to afford the 20 costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 21 U.S.C. § 1915(a). 22 With his petition, petitioner has filed a motion asking that this action be stayed while 23 petitioner exhausts state court remedies with respect to certain claims. Subject to the conditions 24 identified below, that request will be granted. Petitioner is informed, however, that by staying 25 this action, the court makes no representation as to whether any claim in petitioner’s original 26 petition is timely under the applicable statute of limitations, 28 U.S.C. § 2244(d), or that that any 27 claim brought on some later date will be deemed timely. Issues concerning the statute of 28 limitations will not be addressed unless raised by respondent. 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Petitioner’s request for leave to proceed in forma pauperis (ECF No. 2) is granted. 3 2. Petitioner’s motion for a stay (ECF No. 3) is granted. 4 3. Within 30 days of the exhaustion of state court remedies, petitioner shall inform the 5 court he has exhausted state court remedies and shall indicate whether he wishes to proceed on 6 the habeas petition already on file or whether he seeks leave to file an amended petition. If 7 petitioner seeks leave to file an amended petition, he must include a copy of the amended petition. 8 9 4. The Clerk of the Court is directed to administratively close this case. Dated: May 8, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 1 bour0649.sty 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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