v. Harris

Filing 34

ORDER TO SHOW CAUSE RE EXHAUSTION. Show Cause Response due by 6/5/2014.Signed by Judge Alsup on 4/21/2014. (whalc3, COURT STAFF) (Filed on 4/21/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL RAY HARRIS,

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For the Northern District of California

United States District Court

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Petitioner,

No. C 11-80261 WHA

v.

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RANDY TEWS, Warden and THOMAS R.
KANE, Acting Director,

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Respondents.

ORDER TO SHOW CAUSE
RE EXHAUSTION

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In this Section 2241 habeas action, petitioner Michael Ray Harris moves to lift the stay in

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this action because he claims that he has exhausted his administrative remedies. In response, the

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United States contends that petitioner has failed to exhaust one of grounds for his habeas

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petition, specifically “Remedy Number 670381” (Dkt. No. 29). In reply, petitioner argues that

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he did timely submit his appeal on Remedy Number 670381, but has re-submitted his appeal via

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certified mail on April 15, 2014, for good measure (Harris Decl. ¶ 8). Petitioner expects to

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receive a written response within forty days.

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The United States is ORDERED TO SHOW CAUSE by June 5, 2014, why the Court should
not lift the stay on this action after the forty days has lapsed.
IT IS SO ORDERED.

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Dated: April 21, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE