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Nguyen v. Knowles

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


September 21, 2009

LEN NGUYEN, PETITIONER,
v.
M. KNOWLES, WARDEN, RESPONDENT

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

This habeas matter, in which petitioner proceeded with appointed counsel, was stayed pending exhaustion of petitioner's ineffective assistance of counsel claim and has now been stayed for more than five years. In the Order, filed on July 16, 2004, staying this case, petitioner was directed "immediately upon exhaustion" [of state court remedies] "to inform the court and respondent by filing an amended petition containing all of petitioner's exhausted claims." No such amended petition has been filed. Petitioner's counsel must show cause within ten (10) days why the stay in this matter should not be lifted.

IT IS SO ORDERED.

20090921

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