UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 17, 2009
ISIAC NICHOLAS RENTERIA, PETITIONER,
BEN CURRY, WARDEN RESPONDENT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER VACATING STAY AND ABEYANCE OF PETITION AND DISREGARDING PETITIONER'S MOTION TO AMEND PETITION
[Docs. 9, 16, 17]
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On August 26, 2008, the Court granted Petitioner's motion to stay and hold the petition in abeyance pending exhaustion in the state courts. (Court Doc. 9.)
Now pending before the Court is Petitioner's motion to life the stay and motion to amend the petition. (Court Docs. 16, 17.) Petitioner indicates that all of his claims have now been exhausted, and the California Supreme Court issued its final decision on February 25, 2009. (Court Doc. 16.) Therefore, the Court will vacate the stay imposed on August 26, 2008.
With regard to Petitioner's motion to amend, inasmuch as the First Amended Petition was filed in this Court on March 10, 2009, Petitioner's motion to amend the petition is MOOT, and shall be disregarded.*fn1
Based on the foregoing, it is HEREBY ORDERED that:
1. The stay imposed on August 26, 2008, is HEREBY VACATED; and,
2. Petitioner's motion to amend the petition is DISREGARDED.*fn2
IT IS SO ORDERED.