Filed: Jan. 03, 2018
Latest Update: Jan. 03, 2018
Summary: ORDER REOPENING CASE ORDER AMENDING INSTRUCTIONS CONCERNING LIFTING OF STAY (ECF No. 16) MICHAEL J. SENG , Magistrate Judge . Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. On December 29, 2017, this Court granted Petitioner's motion to stay this case pending exhaustion of five additional claims in state court pursuant to Kelly v. Small , 315 F.3d 1063 , 1070-71 (9th Cir. 2003). (ECF No. 16.) In that Order, the
Summary: ORDER REOPENING CASE ORDER AMENDING INSTRUCTIONS CONCERNING LIFTING OF STAY (ECF No. 16) MICHAEL J. SENG , Magistrate Judge . Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. On December 29, 2017, this Court granted Petitioner's motion to stay this case pending exhaustion of five additional claims in state court pursuant to Kelly v. Small , 315 F.3d 1063 , 1070-71 (9th Cir. 2003). (ECF No. 16.) In that Order, the C..
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ORDER REOPENING CASE
ORDER AMENDING INSTRUCTIONS CONCERNING LIFTING OF STAY
(ECF No. 16)
MICHAEL J. SENG, Magistrate Judge.
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 29, 2017, this Court granted Petitioner's motion to stay this case pending exhaustion of five additional claims in state court pursuant to Kelly v. Small, 315 F.3d 1063, 1070-71 (9th Cir. 2003). (ECF No. 16.) In that Order, the Court directed the Clerk of Court to administratively close the case. (Id.)
Based upon a re-review of applicable administrative procedures, the undersigned issues the following amendment of and to that Order:
While the Kelly stay will remain in place, the Court hereby VACATES the direction to the Clerk of Court to administratively close the case.
IT IS HEREBY ORDERED that:
1. The Clerk of Court reopen this case;
2. The case shall remain stayed pursuant to the December 29, 2017 Order (ECF No. 16);
3. Petitioner shall file a status report every ninety days detailing his progress in exhausting his unexhausted claims in the state courts.
4. Petitioner shall file a motion to lift the stay within 30 days of the California Supreme Court issuing a final order resolving Petitioner's unexhausted claims; and
5. Petitioner shall file an amended habeas petition containing all claims, including newly exhausted claims, with his motion to lift the stay.
IT IS SO ORDERED.
