May v. Arnold et al

Filing 18

ORDER Denying 15 Request for "Stay in Abeyance." Amended Traverse by Petitioner due 3/13/2015. Signed by Magistrate Judge Jan M. Adler on 2/4/2015. (All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DANIEL WILLIAM MAY,

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14CV2038-BEN(JMA)

Petitioner,

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Civil No.

ORDER DENYING REQUEST FOR
“STAY IN ABEYANCE”
[DOC. NO. 15] & EXTENDING THE
DEADLINE TO FILE TRAVERSE

v.
ERIC ARNOLD, Warden, et al.,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus

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filed pursuant to 28 U.S.C. § 2254. On January 22, 2015, Petitioner filed a Motion for Stay and

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Abeyance. [Doc. No. 15.]

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The stay and abeyance procedure is one of several options a habeas petitioner who files

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a “mixed petition” (meaning a habeas petition containing both exhausted and unexhausted

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claims) may choose to pursue in order to permit the petitioner to return to state court to exhaust

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additional claims while the federal proceedings are stayed. Rhines v. Weber 544 U.S. 269, 125

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S.Ct. 1528, 1534-35 (2005). Here, although Petitioner requests a “stay in abeyance,” the purpose

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of his request is not to exhaust claims in the state court system, but rather to wait for the

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disposition of a habeas petition filed by Petitioner’s co-defendant [Berardi v. Paramo,

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13CV1598-BLM(BTM)] and to allow Petitioner time to obtain exhibits from the California

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Supreme Court that were submitted in support of his petition to that court for habeas corpus

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review.

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Petitioner has not shown good cause to stay proceedings in this matter. The Court,

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however, does find good cause to extend the deadline for Petitioner to file a Traverse in order

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to allow him additional time to obtain the documents he seeks from the California Supreme

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Court. Out of caution Petitioner filed a Traverse on January 29, 2015, while his motion to stay

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was pending. [Doc. No. 17, p. 15.] If Petitioner wishes to file an Amended Traverse that includes

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the documents he seeks from the California Supreme Court he may do so no later than March

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13, 2015.

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IT IS SO ORDERED.
DATED: February 4, 2015

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Jan M. Adler
U.S. Magistrate Judge