United States District Court, N.D. California
December 23, 2005.
MICHAEL L. JONES, Petitioner,
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. § 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
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.
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