Stamps v. Grounds

Filing 37

ORDER GRANTING PETITIONER'S MOTION TO REOPEN AND REQUIRING STATUS UPDATE. Signed by Judge Beth Labson Freeman. (blflc2S, COURT STAFF) (Filed on 8/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KEITH STAMPS,

Case No. 12-cv-05753-BLF

Petitioner,
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ORDER GRANTING PETITIONER’S
MOTION TO REOPEN AND
REQUIRING STATUS UPDATE

v.
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RANDY GROUNDS,
Respondent.

United States District Court
Northern District of California

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On June 24, 2016, the Court of Appeals remanded this case to this Court for the limited

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purpose of ruling on Petitioner’s motion to reopen proceedings. See ECF 32. The Court then set

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forth a briefing schedule on the motion and Petitioner’s counsel, Donald Bergerson, filed a

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response. ECF 35. Having reviewed the filing, the Court finds that Petitioner’s counsel has shown

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good cause to reopen proceedings. Accordingly, the Court GRANTS Petitioner’s motion to

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reopen.

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The Court notes that, notwithstanding the events described in Mr. Bergerson’s

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memorandum, Mr. Bergerson remains attorney of record in this case. While the Court does not

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interfere with a party’s selection of counsel, the Court will provide notice of this order to

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Petitioner Keith Stamps by mail at:

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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

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shall proceed, including whether or not Petitioner will be represented in this action. The Court

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additionally ORDERS Petitioner or Mr. Bergerson, depending on the outcome of that discussion,

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to file an amended petition alleging that Petitioner’s claims are entirely exhausted or to provide an

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update regarding when the claims will be exhausted by no later than October 6, 2016.

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IT IS SO ORDERED.
Dated: August 5, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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