Stolp v. People of the State of California

Filing 10

ORDER. Signed by Judge James Donato on 4/19/16. (lrcS, COURT STAFF) (Filed on 4/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERALD H. STOLP,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-00498-JD

ORDER

v.
PEOPLE OF THE STATE OF
CALIFORNIA,
Defendant.

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This pro se habeas action was initiated when petitioner filed a motion for a stay. On that

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same day the Court notified petitioner that he needed to file a petition and a blank petition was

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sent to him. Petitioner was informed that if he did not submit a petition within twenty-eight days

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the case would be dismissed. No petition has been received. Without an underlying petition or

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case and controversy, the Court cannot rule on the motion to stay. The Court notes that based on

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petitioner’s filing it appears that the expiration of the statute of limitations is near. Therefore,

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petitioner will be provided another opportunity to file a petition.

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Moreover, it is not clear if this is the correct venue. It appears that petitioner was

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convicted in Calaveras County, which is in the Eastern District of California. When petitioner

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files a petition he must indicate the county where his conviction occurred. Petitioner will be

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provided until May 23, 2016, to file a petition.

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IT IS SO ORDERED.
Dated: April 19, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERALD H. STOLP,

Case No. 16-cv-00498-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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PEOPLE OF THE STATE OF
CALIFORNIA,
Defendant.
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

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That on April 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.

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Gerald H. Stolp ID: ID: AK4738
California Correctional Institution
P.O. Box 1902
Tehachapi, CA 93581

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Dated: April 19, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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