Farrish v. Sherman et al

Filing 6

ORDER by Judge Joseph C. Spero granting 3 Motion to Stay (jcslc1, COURT STAFF) (Filed on 5/1/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN WES FARRISH,

Case No. 14-cv-01263-JCS

Plaintiff,
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v.

ORDER GRANTING REQUEST TO
STAY PROCEEDINGS

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STU SHERMAN, et al.,

Re: Dkt. No. 3

Defendants.

United States District Court
Northern District of California

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Petitioner is a state prisoner incarcerated at California Substance Abuse Treatment Facility

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and State Prison, Corcoran. He has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. §

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2254 challenging a judgment of conviction from Contra Costa County Superior Court. He has

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also filed a Motion to Request Stay and Abeyance to Permit Petitioner to Exhaust Unexhausted

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Claims (“the Motion”). Good cause shown, petitioner’s request for a stay of these federal habeas

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proceedings is GRANTED. See Rhines v. Webber, 544 U.S. 269, 277-78 (2005) (district court has

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authority to stay habeas petition where there was good cause for petitioner’s failure to exhaust

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claim in state court and the claim is potentially meritorious). Accordingly, the Court ORDERS as

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follows:

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1. The clerk is instructed to ADMINISTRATIVELY CLOSE the case;

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2. Petitioner is DIRECTED to file a status report within thirty (30) days of the date of

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service of this Order advising the Court of his state proceedings;
3. Petitioner is DIRECTED to file a status report every one hundred and twenty (120) days
thereafter advising the Court of his status in state court;
4. Petitioner is DIRECTED to file a motion to reopen this case and lift the stay within

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thirty (30) days of exhaustion in state court of his unexhausted claims.
IT IS SO ORDERED.

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Dated: May 1, 2014
______________________________________
JOSEPH C. SPERO
United States Magistrate Judge

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United States District Court
Northern District of California

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