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GRAVES v. CAREY

United States District Court, N.D. California


June 10, 2004.

DAVID MICHAEL GRAVES, Petitioner,
v.
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.

20040610

© 1992-2004 VersusLaw Inc.



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