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Johnny Lugo Ibarra v. Anthony Hedgpeth

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 1, 2012

JOHNNY LUGO IBARRA,
PETITIONER,
v.
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.

20121101

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