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Smith v. Giurbino

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 27, 2009

KENNETH D. SMITH, PETITIONER,
v.
G.J. GIURBINO, RESPONDENT.

ORDER

On May 18, 2005, the court granted petitioner's motion for a stay and abeyance. The court stayed this action and instructed petitioner to file a motion to lift the stay, along with a proposed amended petition containing only exhausted claims, within thirty days after petitioner was served with the California Supreme Court's order disposing of his state exhaustion petition.

Petitioner has informed the court that the California Supreme Court denied his state habeas petition on February 18, 2009. Although petitioner has filed a proposed amended petition, he has not filed a motion to lift the stay in this action.

Accordingly, IT IS HEREBY ORDERED that petitioner shall file a motion to lift the stay in this action within thirty days of the date of this order.

20090327

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