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Barghoorn v. Clark

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


March 27, 2009

DAVID F. BARGHOORN, PETITIONER,
v.
KEN CLARK, WARDEN, RESPONDENT.

ORDER

On January 15, 2009, 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 March 11, 2009. Although petitioner has filed a motion to lift the stay in this action, he has not filed a complete proposed amended petition. Petitioner's proposed amended petition only includes his grounds for relief. Petitioner is advised that his amended petition must be complete in itself without reference to his original petition. His petition must contain all relevant claims and must provide the court with all necessary information, including supporting facts for his claims. Good cause appearing, the court will grant petitioner thirty days to file a proposed amended petition in accordance with this order.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner shall file a proposed amended petition containing all relevant claims and all necessary information within thirty days of the date of this order; and

2. The Clerk of the Court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus.

20090327

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