(HC) Hawkins v. Santoro
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENNETH HAWKINS,
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Petitioner,
v.
No. 2:23-CV-0641-DJC-DMC-P
ORDER
KELLY SANTORO,
Respondent.
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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
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state court and directed Petitioner to file a status report within 60 days of the date of the Court's
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order and every 60 days thereafter. See ECF No. 19. Petitioner has been warned that failure to
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comply could result in dismissal of this action for lack of prosecution and failure to comply with
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court rules and orders. See Local Rule 110. Petitioner filed a status report on September 19,
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2024. See ECF No. 20. As of December 12, 2024, Petitioner had not filed a status report and the
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Court issued findings and recommendations that this action be dismissed without prejudice for
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lack of prosecution and failure to comply with court rules and orders. See ECF No. 21. The
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following day, on December 13, 2024, Plaintiff filed a motion to lift the stay upon completion of
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exhaustion proceedings in state court. See ECF No. 22. Good cause appearing therefor, the
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Court will vacate the December 12, 2024, findings and recommendations and set a deadline for
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Respondent's response to Petitioner's motion to lift the stay.
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Accordingly, IT IS HEREBY ORDERED as follows:
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1.
The findings and recommendations issued on December 12, 2024, are
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2.
Respondent's response to Petitioner's motion to lift the stay is due within
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30 days of the date of this order.
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vacated.
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Dated: January 27, 2025
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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