(HC) Hawkins v. Santoro

Filing 23

ORDER signed by Magistrate Judge Dennis M. Cota on 1/27/2025 VACATING the 21 findings and recommendations issued on 12/12/2024. Respondent's response to petitioner's motion to lift the stay is due within 30 days. (Deputy Clerk KLY)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH HAWKINS, 12 13 14 15 Petitioner, v. No. 2:23-CV-0641-DJC-DMC-P ORDER KELLY SANTORO, Respondent. 16 17 18 19 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. ยง 2254. On July 12, 2024, the Court stayed this action pending exhaustion of claims in 20 state court and directed Petitioner to file a status report within 60 days of the date of the Court's 21 order and every 60 days thereafter. See ECF No. 19. Petitioner has been warned that failure to 22 comply could result in dismissal of this action for lack of prosecution and failure to comply with 23 court rules and orders. See Local Rule 110. Petitioner filed a status report on September 19, 24 2024. See ECF No. 20. As of December 12, 2024, Petitioner had not filed a status report and the 25 Court issued findings and recommendations that this action be dismissed without prejudice for 26 lack of prosecution and failure to comply with court rules and orders. See ECF No. 21. The 27 following day, on December 13, 2024, Plaintiff filed a motion to lift the stay upon completion of 28 exhaustion proceedings in state court. See ECF No. 22. Good cause appearing therefor, the 1 1 Court will vacate the December 12, 2024, findings and recommendations and set a deadline for 2 Respondent's response to Petitioner's motion to lift the stay. 3 Accordingly, IT IS HEREBY ORDERED as follows: 4 1. The findings and recommendations issued on December 12, 2024, are 6 2. Respondent's response to Petitioner's motion to lift the stay is due within 7 30 days of the date of this order. 5 vacated. 8 9 Dated: January 27, 2025 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?