Craver v. Roe

Filing 23

ORDER DENYING re 22 Motion to Reopen Case. Signed by Judge Jeremy Fogel on 5/18/09. (dlm, COURT STAFF) (Filed on 5/21/2009)

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ANTHONY CRAVER, Petitioner, vs. ERNIE ROE, Warden, Respondent.

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No. C 02-04629 JF (PR) ORDER DENYING MOTION TO REOPEN CASE

(Docket No. 22)

Petitioner, a state prisoner, filed a pro se habeas petition pursuant to 28 U.S.C. § 2254. On March 9, 2005, the Court granted Petitioner's application to hold his federal petition in abeyance and stay the proceedings pending his exhaustion of additional claims in state court. (See Docket No. 19.) The Court ordered the action stayed until thirty days after the California Supreme Court's final decision on Petitioner's remaining claims. Petitioner was instructed to file an amended petition that includes the claims from his original petition as well as newly exhausted claims within thirty days of the state high court's decision. Id. On July 30, 2007, Petitioner filed an application to reopen this action. Attached to the motion was a copy of the California Supreme Court's decision denying his state
Order Denying Motion to Reopen Case P:\PRO-SE\SJ.JF\HC.02\Craver629_deny-reopen.wpd

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petition on February 21, 2007. Petitioner's motion to reopen this action is untimely, having been filed well beyond the thirty days provided by this Court. Furthermore, Petitioner has failed to file an amended petition as instructed by the Court. Petitioner has provided no explanation to show good cause for the delay nor his failure to file an amended petition. Accordingly, Petitioner's request to reopen this action is DENIED. IT IS SO ORDERED. DATED:____5/18/09_____________ _____

JEREMY FOGEL United States District Judge

Order Denying Motion to Reopen Case P:\PRO-SE\SJ.JF\HC.02\Craver629_deny-reopen.wpd

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ANTHONY CRAVER, Petitioner, v. ERNIE ROE, Warden, Respondent. /

Case Number: CV02-04629 JF CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 5/21/09 , I SERVED a true and correct copy(ies) of the That on 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.

Anthony Craver CSP Lancaster 44750 60th street W. Lancaster, Ca 93536 Dated: 5/21/09 Richard W. Wieking, Clerk