Carrillo v. Muniz

Filing 21

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

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