(HC) Fisher v. Sherman ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACOB FISHER, No. 2:18-cv-2725-WBS-EFB P 12 Petitioner, 13 v. ORDER 14 STUART SHERMAN, Warden of the California Substance Abuse Treatment 15 Facility, 16 Respondent. 17 18 Petitioner, a state prisoner, proceeds without counsel seeking a writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. 20 On September 23, 2019, the court granted petitioner’s motion to stay pursuant to the 21 procedure outlined in Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) and ordered petitioner to file 22 an amended petitioner deleting his unexhausted ineffective assistance of counsel claims within 23 fourteen days. ECF No. 21. The fourteen-day period has expired and petitioner has not filed an 24 amended petition or otherwise responded to the court’s order. In an abundance of caution, the 25 could will grant petitioner a fourteen-day extension of time to comply with the court’s order. 26 Failure to do so may result in this action being dismissed. 27 ///// 28 ///// 1 Accordingly, it is hereby ORDERED that within fourteen days from the date of service of 2 || this order, petitioner shall file an amended petition that deletes his unexhausted ineffective 3 || assistance of counsel claims. 4 | DATED: October 29, 2019. Doutta Sid SH □□ 5 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28