Kennedy v. Gastello

Filing 22

ORDER LIFTING STAY AND ORDER DIRECTNG RESPONDENT TO SHOW CAUSE WHY THE WRIT SHOULD NOT BE GRANTED, ORDER REOPENING CASE. Signed by Judge Yvonne Gonzalez Rogers on 10/11/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/11/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARK ANTHONY KENNEDY, Petitioner, 8 v. 9 10 J. GASTELO, Warden, United States District Court Northern District of California 13 14 ORDER LIFTING STAY AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE WRIT SHOULD NOT BE GRANTED Respondent. 11 12 Case No. 16-cv-01686-YGR (PR) Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 9, 2016, the Court issued an Order granting Petitioner’s request for a stay of 15 proceedings while he returned to state court to exhaust his state judicial remedies. On Friday, 16 September 29, 2017, Petitioner informed the Court that his state proceedings had concluded, and 17 he filed a first amended habeas petition containing his exhausted claims. 18 19 20 Before the Court are Petitioner’s motion to lift the stay and his implied motion for leave to file his first amended petition. Good cause appearing, Petitioner’s motion to lift the stay is GRANTED. Petitioner is also 21 GRANTED leave to file his first amended petition. The Clerk of the Court is directed to mark 22 Petitioner’s first amended petition as filed on Monday, September 25, 2017, the date it was 23 received. 24 The Clerk of the Court shall REOPEN this case and serve a copy of this Order and the first 25 amended petition and all attachments thereto upon Respondent and Respondent’s attorney, the 26 Attorney General of the State of California. The Clerk shall also serve a copy of this Order on 27 Petitioner at his most current address. 28 Respondent shall file with this Court and serve upon Petitioner, within sixty (60) days of 1 the issuance of this Order, an answer conforming in all respects to Rule 5 of the Rules Governing 2 Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. Respondent 3 shall file with the answer a copy of all portions of the state trial record that have been transcribed 4 previously and that are relevant to a determination of the issues presented by the petition. 5 If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with the 6 Court and serving it on Respondent within sixty (60) days of his receipt of the answer. Otherwise, 7 the petition will be deemed submitted and ready for decision sixty days after the date Petitioner is 8 served with Respondent’s answer. Petitioner is reminded that all communications with the Court, 9 whether by way of formal legal motions or informal letters, must be served on Respondent by 10 United States District Court Northern District of California 11 mailing a true copy of the document to Respondent’s counsel. Extensions of time are not favored, though reasonable extensions will be granted. Any 12 motion for an extension of time must be filed no later than fourteen (14) days prior to the 13 deadline sought to be extended. 14 This Order terminates Docket no. 21. 15 IT IS SO ORDERED. 16 Dated: October 11, 2017 17 YVONNE GONZALEZ ROGERS United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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