Carrillo v. Muniz

Filing 21

ORDER by Judge James Donato denying 19 Motion for Evidentiary Hearing. (lrcS, COURT STAFF) (Filed on 3/1/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 OSCAR ALEJANDRO CARRILLO, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 15-cv-02561-JD ORDER DENYING MOTION FOR AN EVIDENTIARY HEARING v. WILLIAM MUNIZ, Re: Dkt. No. 19 Respondent. 12 13 This habeas case was stayed and closed on January 19, 2016, for petitioner to return to 14 state court and exhaust additional claims. Petitioner has filed a motion for an evidentiary hearing. 15 However, this case is still closed pursuant to the stay. In his motion, petitioner has not requested 16 the stay be lifted and it does not appear that he has finished exhausting his claims. A review of the 17 California Supreme Court docket indicates that petitioner only filed a habeas petition in that court 18 on January 20, 2017. The motion for an evidentiary hearing (Docket No. 19) is DENIED without 19 prejudice. Petitioner may refile the motion once the stay is lifted and he has filed an amended 20 petition presenting the exhausted claims. 21 Petitioner is reminded that the stay is subject to the following conditions: 22 (1) Petitioner must diligently pursue his state court habeas proceedings; and 23 (2) Petitioner must notify this court within thirty days after the state courts have completed 24 25 26 27 28 their review of his claim or after they have refused review of his claims. 1 If either condition of the stay is not satisfied, this Court may vacate the stay and act on this 2 petition. See Rhines v. Webber, 544 U.S. 269, 278 (2005) (district court must effectuate timeliness 3 concerns of AEDPA by placing “reasonable limits on a petitioner’s trip to state court and back.”). 4 5 IT IS SO ORDERED. Dated: March 1, 2017 6 7 JAMES DONATO United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 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 March 1, 2017, 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: March 1, 2017 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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