(HC) Gosztyla v. Covello

Filing 23

ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/09/23 LIFTING the Kelly stay of this action; petitioner to file an amended petition within 30 days. (Benson, A.)

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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 RICHARD GOSZTYLA, 12 Petitioner, 13 14 Case No. 2:23-cv-00328-KJM-JDP (HC) ORDER DIRECTING PETITIONER TO FILE AN AMENDED PETITION v. P. COVELLO, 15 Respondent. 16 On September 26, 2023, the court granted petitioner a Kelly stay and directed him to move 17 to amend his petition once he exhausted his claims in state court. ECF No. 20. On November 6, 18 2023, petitioner filed a notice stating that he has exhausted his claims in state court and wishes to 19 proceed with this action. ECF No. 22. 20 Accordingly, it is hereby ORDERED that the Kelly stay is lifted and petitioner file an 21 amended petition within thirty days. 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: November 9, 2023 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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