McCarthy v. Frauenheim

Filing 29

ORDER REGARDING PETITIONERS SECOND MOTION FOR STAY AND ABEYANCE. (This order terminates docket no. 27 ). Signed by Judge Haywood S. Gilliam, Jr. on 10/12/2018. (ndrS, COURT STAFF) (Filed on 10/12/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES T MCCARTHY,
Petitioner,

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United States District Court
Northern District of California

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Case No. 16-cv-06820-HSG (PR)

v.
SCOTT FRAUENHEIM, Warden,
Respondent.

ORDER REGARDING PETITIONER’S
SECOND MOTION FOR STAY AND
ABEYANCE
Re: Dkt. No. 27

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Petitioner’s first motion for a stay and abeyance of the instant action pursuant to Rhines v.

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Weber, 544 U.S. 269 (2005), was granted on September 25, 2018. Dkt. No. 26. On September

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27, 2018, apparently not having yet received the Court’s order, petitioner filed a second motion for

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stay and abeyance. Dkt. Nos. 27, 28. The second motion for a stay is DENIED as unnecessary.

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Petitioner reports that he has now exhausted all claims in the California Supreme Court.

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As indicated in the September 25, 2018 order, petitioner must now file a motion to reopen the

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instant action, clearly identifying each claim that has been exhausted in state court. Upon such

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filing, the case will be reopened, and the Court will schedule further proceedings.

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The Clerk is directed to re-send petitioner a copy of the Court’s September 25, 2018 order
(Dkt. No. 26) and terminate Dkt. No. 27.
IT IS SO ORDERED.
Dated: 10/12/2018

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HAYWOOD S. GILLIAM, JR.
United States District Judge