Murcia v. Haviland

Filing 8

ORDER GRANTING 7 MOTION TO LIFT STAY; DIRECTING CLERK TO ADMINISTRATIVELY REOPEN ACTION; DIRECTING PETITIONER TO FILE AMENDED PETITION. Signed by Judge Maxine M. Chesney on May 20, 2011. (mmcsec, COURT STAFF) (Filed on 5/20/2011) (Additional attachment(s) added on 5/20/2011: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ELVIS ANTHONY MURCIA,

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Petitioner,
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v.
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JOHN HAVILAND, Warden,
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Respondent.
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______________________________ )

No. C 09-3866 MMC (PR)
ORDER GRANTING MOTION TO
LIFT STAY; DIRECTING CLERK
TO ADMINISTRATIVELY REOPEN
ACTION; DIRECTING PETITIONER
TO FILE AMENDED PETITION
(Docket No. 7)

On August 24, 2009, petitioner, a California prisoner proceeding pro se, filed the

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above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed

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September 4, 2009, the Court granted petitioner’s request to stay the petition while he

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returned to state court to exhaust his unexhausted claims. Additionally, the Court directed

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the Clerk of the Court to administratively close the case while the stay remained in effect.

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Now pending before the Court is petitioner’s request to reopen the case on the ground his

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claims are now exhausted. Petitioner also asks the Court to grant him leave to file an

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amended petition.

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Good cause appearing, the Court orders as follows:

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1. Petitioner’s request to reopen the instant action is hereby GRANTED.

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2. The stay entered herein on September 4, 2009 is hereby LIFTED and the Clerk is

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directed to ADMINISTRATIVELY REOPEN the instant action.

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3. Within thirty (30) days of the date this order is filed, petitioner shall file an

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amended petition, using the Court’s form petition, containing all of his exhausted claims. A

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copy of the form petition along with instructions for completing it are provided to petitioner

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herewith. The amended petition must include the caption and civil case number used in this

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order, No. C 09-3866 MMC (PR), and must include the words AMENDED PETITION on

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the first page.

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The amended petition supersedes the initial petition and may not incorporate any

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part of it by reference. Petitioner must include in the amended petition all the claims he

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wishes to present, and any attachments he wishes the Court to consider.

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This order terminates Docket No. 7.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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DATED: May 20, 2011

_________________________
MAXINE M. CHESNEY
United States District Judge

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