Brooks v. San Mateo County Superior Court

Filing 10

ORDER STAYING ACTION. The 8 Order to Show Cause is DISCHARGED. The Clerk shall ADMINISTRATIVELY CLOSE the file pending the stay of this action. Signed by Judge Richard Seeborg on 3/23/2016. (afmS, COURT STAFF) (Filed on 3/23/2016)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 CHARLES ANTHONY BROOKS, 12 13 14 No. C 15-4877 RS (PR) Petitioner, ORDER STAYING ACTION v. RONALD DAVIS, 15 Respondent. 16 / 17 The Court ordered 18 For the NorthernDistrict Court United States District of California petitioner to (1) show cause why the action should not be dismissed 19 on grounds that he failed to exhaust his claims before filing the instant federal habeas action, 20 or (2) move to stay the action while he exhausts his claims. Petitioner chose to file a motion 21 for a stay. 22 His motion to stay the action is GRANTED under Rhines v. Webber, 544 U.S. 269, 23 277–78 (2005), good cause appearing therefor. The action is STAYED. Nothing further will 24 take place in this action until the Court decides further action is appropriate, or until 25 petitioner exhausts the unexhausted claims and, within thirty days of doing so, moves both to 26 reopen this action and to lift the stay. 27 28 No. C 15-4877 RS (PR) ORDER STAYING ACTION 1 The Clerk shall amend the docket to reflect that Ronald Davis, the warden of the 2 prison in which petitioner is housed, is the sole respondent in this action. Petitioner 3 erroneously named as respondent the San Mateo Superior Court. Davis, not the superior 4 court, is the proper respondent in this action, as he is the custodian having day-to-day control 5 over petitioner, the only person who can produce the “body” of the petitioner. Brittingham v. 6 United States, 982 F.2d 378, 379 (9th Cir. 1992) (quoting Guerra v. Meese, 786 F.2d 414, 7 416 (D.C. Cir. 1986)). 8 9 10 11 The order to show cause is DISCHARGED. The Clerk shall ADMINISTRATIVELY CLOSE the file pending the stay of this action. IT IS SO ORDERED. 23 DATED: March___, 2016 RICHARD SEEBORG United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 No. C 15-4877 RS (PR) ORDER STAYING ACTION 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHARLES ANTHONY BROOKS, Case No. 15-cv-04877-RS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 United States District Court Northern District of California 11 SAN MATEO COUNTY SUPERIOR COURT, Defendant. 12 13 14 15 16 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on 3/23/2016, 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. 17 18 19 Charles Anthony Brooks ID: ID: F-63379 San Quentin State Prison San Quentin, CA 94974 20 21 22 23 Dated: 3/23/2016 Susan Y. Soong Clerk, United States District Court 24 25 26 27 28 By:________________________ Angella Meuleman, Deputy Clerk to the Honorable RICHARD SEEBORG

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