Greer v. Montgomery

Filing 8

ORDER re 1 Petition for Writ of Habeas Corpus filed by Lee John Greer. Signed by Judge ARMSTRONG on 10/21/11. (lrc, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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No. C 10-2380 SBA (PR)

LEE JOHN GREER,

ORDER DIRECTING PETITIONER TO
FILE AN AMENDED PETITION

Petitioner,
v.
WARDEN OF CORCORAN STATE PRISON,
et al.,
Respondents.

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Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254.
On June 25, 2011, the Court issued an Order granting Petitioner's request for a stay of

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proceedings while he returned to state court to exhaust his administrative remedies. The Court also
stated:
Nothing further will take place in this action until Petitioner receives a final decision
from the California Supreme Court and, within thirty (30) days of doing so, moves to
reopen the action, lift the Court's stay and amend the stayed petition to add the
newly-exhausted claims.
(June 25, 2011 Order at 2.)
Petitioner informed the Court that he wishes to have the stay lifted; however he did not

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indicate that his state proceedings have concluded nor did he amend the stayed petition to add the

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newly-exhausted claims. Therefore, Petitioner must file a notice indicating that his state

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proceedings have concluded, and he must also file an amended petition, which incorporates the

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newly-exhausted claims he intends to raise in federal court, as directed below.

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CONCLUSION

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1.

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(1) a notice indicating that his state proceedings have concluded; and (2) an amended petition which

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incorporates the newly-exhausted claims he intends to raise in federal court.

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2.

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No later than thirty (30) days of the date of this Order, Petitioner must file in this Court:

The Clerk of the Court shall send Petitioner a blank § 2254 habeas petition form.
IT IS SO ORDERED.

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DATED: 10/21/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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For the Northern District of California

United States District Court

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G:\PRO-SE\SBA\HC.10\Greer2380.FilePetition.frm

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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LEE JOHN GREER,
Case Number: CV10-02380 SBA
Plaintiff,

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CERTIFICATE OF SERVICE
v.
WARDEN OF CORCORAN STATE PRISON et
al,
Defendant.

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For the Northern District of California

United States District Court

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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 October 25, 2011, 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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Lee John Greer F-81959
Corcoran State Prison
4001 King Road
Corcoran, CA 93212

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Dated: October 25, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\HC.10\Greer2380.FilePetition.frm

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For the Northern District of California

United States District Court

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G:\PRO-SE\SBA\HC.10\Greer2380.FilePetition.frm

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