Stamps v. Grounds

Filing 37


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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 KEITH STAMPS, Case No. 12-cv-05753-BLF Petitioner, 8 ORDER GRANTING PETITIONER’S MOTION TO REOPEN AND REQUIRING STATUS UPDATE v. 9 10 RANDY GROUNDS, Respondent. United States District Court Northern District of California 11 12 On June 24, 2016, the Court of Appeals remanded this case to this Court for the limited 13 14 purpose of ruling on Petitioner’s motion to reopen proceedings. See ECF 32. The Court then set 15 forth a briefing schedule on the motion and Petitioner’s counsel, Donald Bergerson, filed a 16 response. ECF 35. Having reviewed the filing, the Court finds that Petitioner’s counsel has shown 17 good cause to reopen proceedings. Accordingly, the Court GRANTS Petitioner’s motion to 18 reopen. 19 The Court notes that, notwithstanding the events described in Mr. Bergerson’s 20 memorandum, Mr. Bergerson remains attorney of record in this case. While the Court does not 21 interfere with a party’s selection of counsel, the Court will provide notice of this order to 22 Petitioner Keith Stamps by mail at: 23 24 25 26 Keith Stamps AB1095 Salinas Valley State Prison P.O. Box 1050 B5-135 Soledad, CA 93960 The Court ORDERS Petitioner and Mr. Bergerson to discuss the manner in which this case 27 shall proceed, including whether or not Petitioner will be represented in this action. The Court 28 additionally ORDERS Petitioner or Mr. Bergerson, depending on the outcome of that discussion, 1 to file an amended petition alleging that Petitioner’s claims are entirely exhausted or to provide an 2 update regarding when the claims will be exhausted by no later than October 6, 2016. 3 4 5 6 IT IS SO ORDERED. Dated: August 5, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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