Moore v. Frauenheim

Filing 25

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/9/2020 ORDERING petitioner must proceed diligently to pursue his state court remedies and must file a status report every 90 days advising the court of the status of the state court proceedings; and petitioner's failure to comply with this order may result in an order vacating the stay. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL MOORE,

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No. 2:18-cv-1699-MCE-EFB P
Petitioner,

v.

ORDER

SCOTT FRAUENHEIM,
Respondent.

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Petitioner, a state prisoner, proceeds through counsel seeking a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Per the court’s Order dated February 6, 2019, this action has been

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stayed and held in abeyance to allow petitioner the opportunity to exhaust four of his claims in

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state court. ECF Nos. 23, 24. However, the court will not indefinitely hold the petition in

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abeyance. Accordingly, IT IS ORDERED that:

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1. Petitioner must proceed diligently to pursue his state court remedies and must file a

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status report every ninety (90) days advising the court of the status of the state court

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proceedings; and

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2. Petitioner’s failure to comply with this order may result in an order vacating the stay.
DATED: April 9, 2020.