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JONES v. GALAZA

United States District Court, N.D. California


December 23, 2005.

MICHAEL L. JONES, Petitioner,
v.
GEORGE GALAZA, Warden, Respondent.

The opinion of the court was delivered by: JEFFREY WHITE, District Judge

ORDER DIRECTING THE CLERK OF THE COURT TO ADMINISTRATIVELY CLOSE THE FILE UNTIL THE COURT ISSUES AN ORDER LIFTING THE PENDING STAY
Petitioner, a prisoner of the State of California incarcerated at the California State Prison at Corcoran, filed this pro se petition for a writ of habeas corpus under 28 U.S.C. ยง 2254 on January 7, 2003. Subsequently, the Court denied Respondent's motion to dismiss the petition as unexhausted and granted Petitioner's request to stay the petition while he returned to state court to exhaust his state judicial remedies. In an order dated August 5, 2003, the Court entered a stay of the petition, which remains in effect. However, the Court did not direct the Clerk of the Court to administratively close the file for the duration of the stay, which is the practice in the Northern District.

Accordingly, the Clerk of the Court shall administratively CLOSE this case. The closure is nunc pro tunc, effective as of the date the stay was entered, that is, August 5, 2003. The closure has no legal effect; it is purely a statistical matter. Once the Court has received Petitioner's amended petition, which is due December 22, 2005, the Court will issue an order reopening the case, vacating the stay and addressing the amended petition.

  IT IS SO ORDERED.

20051223

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