IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 19, 2012
KURT EUGENE SINDORF, PETITIONER,
MATTHEW CATE, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, RESPONDENT.
The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge
In his Petition and Reply Kurt Eugene Sindorf, a state parolee represented by counsel, requested a stay and abeyance while he exhausts his unexhausted claims.*fn1 At Docket No. 22 this Court ordered Sindorf to file a report of the status of the state-court proceedings. At Docket No. 23 counsel for Sindorf filed the requested report. Based upon that report, for good cause shown,
IT IS HEREBY ORDERED THAT further proceedings herein are hereby stayed and held in abeyance pending completion of the state-court proceedings.
IT IS FURTHER ORDERED THAT not later than December 3, 2012, and every ninety (90) days thereafter, counsel for Sindorf must serve and file a report of the status of the proceedings in the California Supreme Court. The initial report must include: (1) the date filed and (2) what further action by the parties, if any, is required for submission for decision.
IT IS FURTHER ORDERED THAT, unless appropriate post-conviction proceedings have been commenced in the California Supreme Court by December 3, 2012, the stay will be terminated, the unexhausted claims dismissed, and the exhausted claims submitted for decision.
IT IS FURTHER ORDERED THAT within thirty (30) days of the completion of the state-court proceedings, Sindorf must serve and file a copy of the decision of the California Supreme Court.
IT IS FURTHER ORDERED THAT, upon the filing of the decision of the California Supreme Court, the stay will be terminated without further order of this Court.
James K. Singleton, Jr.