UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 1, 2012
JOHNNY LUGO IBARRA,
ANTHONY HEDGPETH, RESPONDENT.
The opinion of the court was delivered by: Dennis L.Beck United States Magistrate Judge
ORDER DENYING PETITIONER'S MOTION TO EXPEDITE EXHAUSTION OF STATE COURT REMEDIES [Doc. 41]
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On June 16, 2011, the Court granted Petitioner's request to stay the petition pending his return to state court to exhaust the state court remedies.
On August 10, 2012, Petitioner filed a motion to expedite the state court proceedings. Petitioner contends his state court petition should have been decided on July 18, 2012, but he is still awaiting a disposition. Petitioner is advised that this Court has no jurisdiction to direct the state court to issue a decision on a pending case. Accordingly, Petitioner's motion to expedite is DENIED.
IT IS SO ORDERED.
© 1992-2012 VersusLaw Inc.