Harmon
v.
Adams

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIAMay 10, 2012
No. 2:08-cv-1218 GEB KJN P (E.D. Cal. May. 10, 2012)

No. 2:08-cv-1218 GEB KJN P

05-10-2012

MORRIS P. HARMON, JR., Petitioner, v. WARDEN DERRAL G. ADAMS, Respondent.


ORDER

Petitioner is a state prisoner proceeding through counsel. This action was stayed pending exhaustion of petitioner's state court remedies. (Dkt. No. 46.) On May 7, 2012, petitioner filed a status report confirming that his state court petition for writ of habeas corpus is presently pending in the California Supreme Court. (Dkt. No. 62.) Petitioner seeks to continue the stay, to allow petitioner 45 days from the date state court proceedings are final to file a motion to amend the instant petition, and to require an additional status statement in 90 days.

Petitioner demonstrates that the petition for writ of habeas corpus filed in the California Supreme Court, Case No. S201563, is presently pending. Good cause appearing, petitioner's request to continue the stay is granted. Petitioner shall file a motion to amend, accompanied by a proposed second amended petition, within 45 days from the date state court proceedings are final. Due to the pendency in the California Supreme Court, no further status reports are required.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's May 7, 2012 request to continue the stay of the instant proceedings is granted; and

2. Within 45 days from the date state court proceedings are final, petitioner shall file a motion to amend, accompanied by a proposed second amended petition.

____________________


KENDALL J. NEWMAN


UNITED STATES MAGISTRATE JUDGE