Houston v. Cullen

Filing 24

ORDER SETTING BRIEFING ON MOTION TO STAY PROCEEDINGS. Signed by Judge William Alsup on 3/17/16. (dl, COURT STAFF) (Filed on 3/18/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ERIC CHRISTOPHER HOUSTON,

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No. 13-CV-5609 WHA

Petitioner,

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For the Northern District of California

United States District Court

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DEATH PENALTY CASE

v.

ORDER SETTING BRIEFING ON
MOTION TO STAY PROCEEDINGS
PURSUANT TO RHINES V. WEBER

RON DAVIS, Warden, San Quentin
State Prison

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Respondent.
/

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The parties filed a joint statement and stipulation indicating agreement as to the

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exhaustion status of the claims in the currently pending petition for writ of habeas corpus. As

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the petition is mixed and contains both exhausted and unexhausted claims, the parties agree that

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the next step is for petitioner to file a motion to stay proceedings pursuant to Rhines v. Weber,

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544 U.S. 269 (2005), to return to state court and exhaust all unexhausted claims. The

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stipulation sets out a proposed briefing schedule, which is hereby adopted.

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Any motion for a stay of proceedings is due no later than April 18, 2016; respondent’s

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opposition or statement of non-opposition is due by May 18; and any reply will be due within

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fourteen days after the date of service of the opposition.

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IT IS SO ORDERED.
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Dated: March ___, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE