SCIOSCIOLE v. GOWER, 2:13-cv-2438 CKD P. (2014)
Court: District Court, E.D. California
Number: infdco20140625b62
Visitors: 23
Filed: Jun. 23, 2014
Latest Update: Jun. 23, 2014
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. Petitioner, a state prisoner proceeding pro se, is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. He has filed a motion asking that this matter be stayed while he exhausts state court remedies in the California Supreme Court with respect to his claim that he received ineffective assistance of appellate counsel on direct appeal. A review of California Supreme Court records in case S217920 reveals that on June 11, 2
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. Petitioner, a state prisoner proceeding pro se, is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. He has filed a motion asking that this matter be stayed while he exhausts state court remedies in the California Supreme Court with respect to his claim that he received ineffective assistance of appellate counsel on direct appeal. A review of California Supreme Court records in case S217920 reveals that on June 11, 20..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
Petitioner, a state prisoner proceeding pro se, is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has filed a motion asking that this matter be stayed while he exhausts state court remedies in the California Supreme Court with respect to his claim that he received ineffective assistance of appellate counsel on direct appeal. A review of California Supreme Court records in case S217920 reveals that on June 11, 2014, petitioner's petition for a writ of habeas corpus was denied. Therefore petitioner's request for a stay of this matter is moot.
Good cause appearing, petitioner will be granted 30 days within which to file a motion for leave to file an amended petition for writ of habeas corpus. If petitioner elects to file a motion to amend, he must include a copy of his proposed amended petition which must contain all of petitioner's proposed claims.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's April 17, 2014 motion for a stay (ECF No. 13) is denied as moot; and
2. Petitioner is granted 30 days within which to file a motion for leave to file an amended petition for writ of habeas corpus. If petitioner elects to file a motion to amend, he must include a copy of his proposed amended petition. If no motion to amend is filed within 30 days, the court will proceed on petitioner's original petition.
Source: Leagle
