Kayik v. Diaz

Filing 13

ORDER by the Hon. Thelton E. Henderson granting 11 Motion to lift stay. Motion for leave to amend the petition due 02/09/15. Opposition or statement of non-opposition due 02/23/15. Reply due 03/02/15. (tehlc3, COURT STAFF) (Filed on 1/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERHAN KAYIK,
Petitioner,

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v.
RALPH M. DIAZ,

Case No. 12-cv-05907-TEH
ORDER LIFTING STAY AND
SETTING DEADLINE TO FILE
MOTION TO AMEND

Respondent.

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On April 24, 2013, this Court granted Petitioner Erhan Kayik’s motion to stay and

United States District Court
Northern District of California

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hold his habeas petition in abeyance pending exhaustion of state court remedies. It appears

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that Kayik has now exhausted all claims, and Kayik filed an administrative motion to lift

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the stay on December 22, 2014. Respondent Ralph M. Diaz has not opposed the motion.

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Accordingly, IT IS HEREBY ORDERED that the stay in this case is lifted, and the Clerk

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shall re-open the file.

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IT IS FURTHER ORDERED that Petitioner shall file a motion for leave to amend

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the petition to include his newly exhausted claims on or before February 9, 2015.

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Respondent shall file an opposition or statement of non-opposition on or before

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February 23, 2015, and Petitioner shall file a reply on or before March 2, 2015. The

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matter will be deemed submitted on the papers unless the Court subsequently schedules

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oral argument.

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IT IS SO ORDERED.

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Dated: 01/08/15

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THELTON E. HENDERSON
United States District Judge