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Lisa Ann Platz v. Tina Hornbeak

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


May 13, 2011

LISA ANN PLATZ, PETITIONER,
v.
TINA HORNBEAK, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding in forma pauperis and with appointed counsel, in this habeas corpus action filed September 11, 2007, pursuant to 28 U.S.C. § 2254. This action has been stayed since December 6, 2007, to permit petitioner the opportunity to exhaust state court remedies with respect to certain grounds raised in her federal habeas petition. Petitioner informs the court that these matters have now been exhausted by action of the California Supreme Court on April 13, 2011, the remittitur issuing on April 19, 2011.

Pursuant to this court's instructions, petitioner has timely notified the court of the California Supreme Court's resolution of petitioner's state court proceedings. Petitioner requests that the stay be lifted, and that she be granted a sixty-day extension of time within which to file an amended habeas petition. Petitioner's counsel has filed a declaration setting forth several reasons supporting the requested extension of time.

Accordingly, for good cause shown, IT IS HEREBY ORDERED that:

1. The stay granted in this action on December 6, 2007, is lifted;

2. The Clerk of Court is directed to reopen this case; and

3. Petitioner's request for an extension of time within which to file an amended habeas corpus petition (Dkt. No. 24) is granted; the amended petition shall be filed on or before July 11, 2011.

SO ORDERED.

plat1882.liftstay.eot

20110513

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