Dean v. Robertson

Filing 24

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/17/2019 ORDERING Petitioner to file, within 30 days from the date of this order, a statement notifying the court whether he has a matter pending before the CA Supreme Court or whether the Supreme Court has considered a habeas petition and ruled on it. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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De’SHAWN DeKKERIO DEAN,

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No. 2:18-cv-01287 TLN GGH P

Petitioner,

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v.

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J. ROBERTSON,

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ORDER

Respondent.

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

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pursuant to 28 U.S.C. §2254. The matter was referred to the United States Magistrate Judge

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pursuant to 28 U.S.C. §636(b)(1) and Local Rule 302(c).

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On August 13, 2018, respondent filed an answer to the petition for a writ of habeas

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corpus. ECF No. 10. On October 2, 2018, petitioner filed a traverse. ECF No. 14. After

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reviewing the parties’ briefing, on April 18, 2019 the undersigned issued an order providing

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petitioner an opportunity to file a motion for stay and abeyance for a failure to exhaust his second

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claim for ineffective assistance of counsel. ECF No. 16. Alternatively, if petitioner did not wish

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to seek a stay, petitioner had the option to delete his unexhausted claim and file an amended

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petition containing only exhausted claims. Id. On May 28, 2019, petitioner filed a motion to stay

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pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), as well as an amended petition

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containing only his exhausted claim. ECF Nos. 19, 20. On June 10, 2019, the undersigned issued
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findings and recommendations recommending that petitioner’s motion to stay be granted and this

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action be administratively stayed pursuant to Kelly. ECF No. 21. The presiding District Judge

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adopted in full the June 10, 2019 findings and recommendations and granted a stay of these

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proceedings on August 2, 2019. ECF No. 23. To date, petitioner has not updated the court on the

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status of his exhaustion efforts.

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IT IS HEREBY ORDERED that petitioner shall, within 30 days from the date of this

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order, file a statement notifying the court whether he has a matter pending before the California

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Supreme Court or whether the Supreme Court has considered a habeas petition and ruled on it.

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Petitioner is warned that failure to comply with this order will result in a recommendation that

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this action be dismissed without prejudice.

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Dated: September 17, 2019

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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