(HC) Salazar v. Pfeiffer

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 7/19/21 ORDERING that the courts order, issued April 12, 2021 18 , is AMENDED as follows: Starting from the date of this order, petitioner shall file brief reports with the court in 90 day interval s regarding the status of the proceedings in the San Joaquin County Superior Court matter, Case No. STK-CR-FECOD-2016-0005113. Counsel for respondent need not file additional status reports. Within 14 days of a dispositive order issuing in the San Joaquin County Superior Court matter, petitioner shall notify this court and file a copy of the state court order.(Plummer, M)

Case 2:20-cv-01000-JAM-AC Document 20 Filed 07/19/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND JOSEPH SALAZAR,

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No. 2:20-cv-1000 JAM AC P

Petitioner,
v.

ORDER

CHRISTIAN PFEIFFER,
Respondent.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, seeks habeas corpus

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

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

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On April 12, 2021, the court issued an order directing counsel for respondent to file brief

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quarterly reports regarding the status of petitioner’s ongoing San Joaquin County Superior Court

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matter. See ECF No. 18. On June 21, 2021, counsel for respondent filed a status report and

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noted that respondent is not a party to petitioner’s pending county action. ECF No. 19.

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Respondent also contended that the order to file status reports is effectively a stay of these

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proceedings. See id. at 1.

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Good cause appearing, the court will amend its April 2021 order to require petitioner

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rather than respondent to file ninety-day status reports on the San Joaquin County case. The court

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also notes that there has been no stay of this case. Respondent’s motion to dismiss (ECF No. 11)
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Case 2:20-cv-01000-JAM-AC Document 20 Filed 07/19/21 Page 2 of 2
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is submitted for decision, petitioner’s time to file an opposition having passed. The court will

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rule on the motion in due course.

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Accordingly, IT IS HEREBY ORDERED that the court’s order, issued April 12, 2021
(ECF No. 18), is AMENDED as follows:

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1. Starting from the date of this order, petitioner shall file brief reports with the court in

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ninety-day intervals regarding the status of the proceedings in the San Joaquin County Superior

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Court matter, Case No. STK-CR-FECOD-2016-0005113;

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2. Counsel for respondent need not file additional status reports; and

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3. Within fourteen days of a dispositive order issuing in the San Joaquin County Superior

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Court matter, petitioner shall notify this court and file a copy of the state court order.

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DATED: July 19, 2021

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