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Kurt Eugene Sindorf v. Matthew Cate

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


August 14, 2012

KURT EUGENE SINDORF, PETITIONER,
v.
MATTHEW CATE,*FN1 SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

Kurt Eugene Sindorf, a state parolee represented by counsel,*fn2 has filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. In his Petition and Reply, Sindorf has requested a stay and abeyance while he exhausts his unexhausted claims.*fn3 Sindorf has not disclosed, however, what post-conviction proceedings, if any, are pending in the California courts.

IT IS THEREFORE ORDERED THAT within fourteen (14) days of the date of service of this Order, counsel for Sindorf must serve and file a report of the status of those state-court proceedings, including as applicable: (1) the nature of the state court post-conviction proceedings; (2) the highest state court in which the proceedings have been filed; (3) the date filed; (4) whether or not those proceedings have been completed; and (5) if the state-court proceedings have not been completed, what further state-court proceedings, if any, are required.

IT IS FURTHER ORDERED THAT, if the state-court proceedings have been completed through the highest state court, Sindorf must attach a copy of the state-court decision to the report.

James K. Singleton, Jr.


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