Edmonds v. Foulk

Filing 9

ORDER denying without prejudice to renewing after petitioner exhausts all of his claims and moves to reopen the case and lift the court's stay re 8 Request filed by Shannon L. Edmonds. Signed by Judge Charles R. Breyer on 7/2/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/3/2013)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8

SHANNON L. EDMONDS, AD2315,

9

Petitioner,

10
11
12

vs.
FRED FOULK, Warden,
Respondent.

)
)
)
)
)
)
)
)
)
)

No. C 13-2490 CRB (PR)
ORDER
(Docket #8)

13
14

Per order filed on June 13, 2013, petitioner’s application for a writ of

15

habeas corpus under 28 U.S.C. § 2254 was construed as a protective petition and

16

stayed so that petitioner can exhaust his unexhausted claims in the state courts.

17

Docket #5 at 2. The court instructed the clerk to administratively close the case

18

and made clear that “[n]othing further will take place in this matter until

19

petitioner exhausts all of his claims all the way thru the Supreme Court of

20

California and, within 30 days thereafter, moves to reopen the case and lift the

21

court’s stay.” Id.

22

Petitioner has nonetheless filed a motion for appointment of counsel. The

23

motion (docket #8) is DENIED without prejudice to renewing after petitioner

24

exhausts all of his claims and moves to reopen the case and lift the court’s stay.

25

SO ORDERED.

26

DATED: July 2, 2013
CHARLES R. BREYER
United States District Judge

27
28

G:\PRO-SE\CRB\HC.13\Edmonds, S.13-2490.or1.wpd