Carrillo v. Muniz

Filing 16

ORDER by Judge James Donato granting 12 Motion to Stay; denying 14 Motion for Extension of Time to Answer (lrcS, COURT STAFF) (Filed on 1/19/2016)

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opposition 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 OSCAR ALEJANDRO CARRILLO, Case No. 15-cv-02561-JD Petitioner, 8 v. 9 10 WILLIAM MUNIZ, Respondent. Re: Dkt. No. 12, 14 11 United States District Court Northern District of California ORDER GRANTING MOTION TO STAY AND ADMINISTRATIVELY CLOSING CASE 12 Petitioner has filed an amended motion for a stay of this action so that he may exhaust state 13 14 court remedies for several claims in his habeas petition that he wishes to present to this Court. 15 The Court GRANTS the stay. Liberally construing the motion, petitioner has shown good cause 16 for his failure to exhaust the claims before filing this action, the claims do not appear patently 17 meritless, and there does not appear to be any intentionally dilatory litigation tactic by petitioner. 18 See Rhines v. Weber, 544 U.S. 269, 277-78 (2005). Petitioner states that he was in Administrative 19 Segregation for eighteen months and was denied legal materials required to file his claims in state 20 court. 21 Petitioner is informed that before he may challenge either the fact or length of his 22 confinement in a habeas petition in this court, he must present to the California Supreme Court 23 any claims he wishes to raise in this Court. See Rose v. Lundy, 455 U.S. 509, 522 (1982) (holding 24 every claim raised in federal habeas petition must be exhausted). Petitioner should also present his 25 claims to the state court and to this Court once the claims have been exhausted in a clear and 26 concise manner. He should list the claims at the beginning of the petition and then more fully 27 describe why he is entitled to relief. Interspersing the claims through more than 100 pages may 28 result in the state court not addressing the merits or being unaware of the claims. CONCLUSION 1 2 1. Petitioner’s motion for a stay (Docket No. 12) is GRANTED and this case is STAYED 3 to allow petitioner to present his unexhausted claim in state court. If petitioner is not granted relief 4 in state court, he may return to this court and ask that the stay be lifted. 5 2. Respondent’s motion for an extension (Docket No. 14) is DENIED as moot. 6 Respondent need not file a response to the petition until instructed by the Court once the stay is 7 lifted. 8 3. The stay is subject to the following conditions: 9 (1) Petitioner must diligently pursue his state court habeas proceedings; and 10 United States District Court Northern District of California 11 (2) Petitioner must notify this court within thirty days after the state courts have completed their review of his claim or after they have refused review of his claims. 12 If either condition of the stay is not satisfied, this Court may vacate the stay and act on this 13 petition. See Rhines v. Webber, 544 U.S. 269, 278 (2005) (district court must effectuate timeliness 14 concerns of AEDPA by placing “reasonable limits on a petitioner’s trip to state court and back.”). 15 The Clerk shall administratively close this case. The closure has no legal effect; it is 16 purely a statistical matter. The case will be reopened and the stay vacated upon notification by 17 petitioner in accordance with section (3) above. 18 19 IT IS SO ORDERED. Dated: January 19, 2016 20 ________________________ JAMES DONATO United States District Judge 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 OSCAR ALEJANDRO CARRILLO, Case No. 15-cv-02561-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 WILLIAM MUNIZ, Defendant. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on January 19, 2016, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Oscar Alejandro Carrillo ID: Prisoner Id AM 1743 Salinas Valley State Prison P.O. Box 1050 Soledad, CA 93960 19 20 21 Dated: January 19, 2016 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 3

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