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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GERALD H. STOLP, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-00498-JD ORDER v. PEOPLE OF THE STATE OF CALIFORNIA, Defendant. 12 13 This pro se habeas action was initiated when petitioner filed a motion for a stay. On that 14 same day the Court notified petitioner that he needed to file a petition and a blank petition was 15 sent to him. Petitioner was informed that if he did not submit a petition within twenty-eight days 16 the case would be dismissed. No petition has been received. Without an underlying petition or 17 case and controversy, the Court cannot rule on the motion to stay. The Court notes that based on 18 petitioner’s filing it appears that the expiration of the statute of limitations is near. Therefore, 19 petitioner will be provided another opportunity to file a petition. 20 Moreover, it is not clear if this is the correct venue. It appears that petitioner was 21 convicted in Calaveras County, which is in the Eastern District of California. When petitioner 22 files a petition he must indicate the county where his conviction occurred. Petitioner will be 23 provided until May 23, 2016, to file a petition. 24 25 IT IS SO ORDERED. Dated: April 19, 2016 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 GERALD H. STOLP, Case No. 16-cv-00498-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 8 9 10 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 11 12 13 14 15 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. 16 17 18 Gerald H. Stolp ID: ID: AK4738 California Correctional Institution P.O. Box 1902 Tehachapi, CA 93581 19 20 21 Dated: April 19, 2016 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 2

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