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Sandoval v. Martel

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 14, 2009

HERMAN GARCIA SANDOVAL, PETITIONER,
v.
MIKE MARTEL, WARDEN, RESPONDENT.

The opinion of the court was delivered by: John L. Weinberg United States Magistrate Judge

ORDER STRIKING PETITIONER'S REQUEST FOR STAY AND GRANTING TIME TO FILE A SECOND AMENDED PETITION

This is a federal habeas action brought pursuant to 28 U.S.C. § 2254. On October 22, 2009, this Court briefly recounted the procedural history of this case, issued an order striking three of petitioner's four pending motions for a stay and abeyance of these proceedings, and directed respondent to file a response to petitioner's fourth request for a stay. (See Docket 32.) Petitioner's "Fourth Request for Stay and Abeyance in the Above Numbered Matter and Demand for Response to Request" (Dkt. 31) was renoted for consideration on the Court's calendar for December 4, 2009. (See Dkt. 32.)

On December 8, petitioner filed objections to respondent's reply, informing the Court that he has exhausted all of his state court remedies as to all of his federal claims for relief. (See Dkt. 34.) He also renewed his request for a stay on the basis that he needs additional time to file a second amended petition to incorporate his recently exhausted claims. (See id.)

The Court finds it unnecessary to stay this case. Additional time to file a second amended petition will be provided, however.

It is hereby ORDERED that:

(1) Petitioner's "Fourth Request for Stay and Abeyance in the Above Numbered Matter and Demand for Response to Request" (Dkt. 31) is STRICKEN as moot;

(2) Within ninety (90) days of the date of this Order, petitioner is directed to file a second amended petition, incorporating all exhausted federal habeas claims for relief;

(3) This is without prejudice to any defenses respondent might wish to present; and

(4) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to the Honorable Ricardo S. Martinez.

20091214

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