Glaze v. Ducart

Filing 23

ORDER by Judge James Donato granting 22 Motion to Continue. (lrcS, COURT STAFF) (Filed on 3/1/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JASON WESLEY GLAZE,
Petitioner,

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United States District Court
Northern District of California

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Case No. 16-cv-05144-JD

ORDER FOR RESPONDENT TO
FILE AN ANSWER

v.
C. DUCART,
Respondent.

Docket No. 22

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Jason Glaze, a pro se state prisoner, has brought a habeas petition under 28 U.S.C. § 2254.

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The Court granted respondent’s motion to dismiss finding that two of the three claims were

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unexhausted. Glaze was given a choice to proceed with the one exhausted claim or seek to

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overcome the procedural default and a file a stay to exhaust the other claims. Glaze has chosen to

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proceed with the one claim that there was insufficient evidence to support his conviction for

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assault with a deadly weapon and dismiss the other claims. Docket No. 21. Therefore, respondent

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shall file an answer no later than sixty days from the date of this Order. The parties shall follow

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all other instructions set forth in the Order to Show Cause. Docket No. 10. The two unexhausted

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claims are dismissed from this action and petitioner’s motion to continue on the one claim (Docket

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No. 22) is GRANTED.

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IT IS SO ORDERED.
Dated: March 1, 2018

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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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JASON WESLEY GLAZE,

Case No. 16-cv-05144-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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C. DUCART,
Defendant.

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United States District Court
Northern District of California

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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.

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That on March 1, 2018, 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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Jason Wesley Glaze
AR8036
Pelican Bay State Prison
PO Box 7500
Crescent City, CA 95532

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Dated: March 1, 2018

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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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