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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?