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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CHARLES ANTHONY BROOKS,

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No. C 15-4877 RS (PR)

Petitioner,

ORDER STAYING ACTION

v.
RONALD DAVIS,

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Respondent.

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/

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The Court ordered
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For the NorthernDistrict Court
United States District of California petitioner to (1) show cause why the action should not be dismissed
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on grounds that he failed to exhaust his claims before filing the instant federal habeas action,

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or (2) move to stay the action while he exhausts his claims. Petitioner chose to file a motion

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for a stay.

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His motion to stay the action is GRANTED under Rhines v. Webber, 544 U.S. 269,

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277–78 (2005), good cause appearing therefor. The action is STAYED. Nothing further will

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take place in this action until the Court decides further action is appropriate, or until

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petitioner exhausts the unexhausted claims and, within thirty days of doing so, moves both to

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reopen this action and to lift the stay.

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No. C 15-4877 RS (PR)
ORDER STAYING ACTION

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The Clerk shall amend the docket to reflect that Ronald Davis, the warden of the

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prison in which petitioner is housed, is the sole respondent in this action. Petitioner

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erroneously named as respondent the San Mateo Superior Court. Davis, not the superior

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court, is the proper respondent in this action, as he is the custodian having day-to-day control

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over petitioner, the only person who can produce the “body” of the petitioner. Brittingham v.

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United States, 982 F.2d 378, 379 (9th Cir. 1992) (quoting Guerra v. Meese, 786 F.2d 414,

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416 (D.C. Cir. 1986)).

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The order to show cause is DISCHARGED. The Clerk shall ADMINISTRATIVELY
CLOSE the file pending the stay of this action.
IT IS SO ORDERED.
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DATED: March___, 2016
RICHARD SEEBORG
United States District Judge

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No. C 15-4877 RS (PR)
ORDER STAYING ACTION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES ANTHONY BROOKS,

Case No. 15-cv-04877-RS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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United States District Court
Northern District of California

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SAN MATEO COUNTY SUPERIOR
COURT,
Defendant.

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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.

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Charles Anthony Brooks ID: ID: F-63379
San Quentin State Prison
San Quentin, CA 94974

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Dated: 3/23/2016
Susan Y. Soong
Clerk, United States District Court

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By:________________________
Angella Meuleman, Deputy Clerk to the
Honorable RICHARD SEEBORG