Richardson v. Curry

Filing 57

ORDER Denying Request to Lift Stay. Signed by Judge Ronald M. Whyte on 10/22/13. (jgS, COURT STAFF) (Filed on 10/23/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIE RICHARDSON, III,

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Petitioner,

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vs.
BEN CURRY, Warden,

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Respondent.

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No. C 04-2712 RMW (PR)
ORDER DENYING REQUEST
TO LIFT STAY

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Petitioner, a California prisoner proceeding pro se, filed a second amended petition for a
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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 31, 2008, the court granted
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respondent’s motion to dismiss for failure to exhaust and directed the petitioner to elect how he
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would like to proceed. On August 12, 2008, the court granted petitioner’s request to stay the
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proceedings and hold his second amended petition in abeyance pending exhaustion of his claims
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in the state supreme court. In that order, the court ordered petitioner to file another amended
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petition containing his fully exhausted claims as well as a motion to lift the stay within thirty
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days of the California Supreme Court’s decision. Petitioner has not filed such a petition.
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Accordingly, petitioner’s request to lift the stay is DENIED. Within thirty days of the filing
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date of this order, petitioner is to advise the court as to whether he exhausted his claims in the
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state Supreme Court and when the state Supreme Court ruled, if it has.
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Order Denying Request to Lift Stay
G:\PRO-SE\RMW\HC old\HC.04\Richardson712denlift.wpd

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IT IS SO ORDERED.
DATED:

______________________________
RONALD M. WHYTE
United States District Judge

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Order Denying Request to Lift Stay
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G:\PRO-SE\RMW\HC old\HC.04\Richardson712denlift.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

WILLIE RICHARDSON, III

Case Number: CV04-02712 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
BEN CURRY, WARDEN,
Defendant.

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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 23, 2013, 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.

Willie Richardson T-03382
5-N-34
C.S.P. San Quentin
San Quentin, CA 94974
Dated: October 23, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk