United States District Court, N.D. California
June 10, 2004.
DAVID MICHAEL GRAVES, Petitioner,
THOMAS CAREY, Respondent.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
ORDER TO ADMINISTRATIVELY CLOSE THE STAYED CASE
This action was stayed on March 31, 2003 pending exhaustion of
petitioner's state court remedies. At a telephonic status
conference on April 13, 2004, the court ordered petitioner to
file his action in the California Supreme Court and file a proof
of service with this court by May 13, 2004 or the stay would be
lifted. Although petitioner's counsel failed to comply with the
court's order to file a proof of service, it appears that he did
file a petition for writ of habeas corpus in the California
Supreme Court on May 17, 2004. (See Graves (David M.) on
H.C., Case No. S124860, filed May 17, 2004, listed on
http://appellatecases.courtinfo.ca.gov.search website visited
June 9, 2004). In light of the filing of that action, the stay
will remain in effect.
The clerk will ADMINISTRATIVELY CLOSE the case. Nothing further
will take place in this matter until petitioner exhausts the
unexhausted claims, and, within 30 days thereafter, moves to
reopen the case, lift the court's stay and amend the stayed
petition to add the exhausted claims.
IT IS SO ORDERED.
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