(HC) Ragan v. Richardson ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL RAGAN, No. 2: 18-cv-0410 JAM KJN P 12 Petitioner, 13 v. ORDER 14 RICHARDSON, 15 Respondent. 16 17 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. In this action, petitioner challenges his 2010 convictions for 19 which he was sentenced to 181 years-to-life. Pending before the court is petitioner’s motion to 20 stay this action in order to exhaust an additional claim. (ECF No. 17.) On November 21, 2019, 21 petitioner filed a notice of exhaustion. (ECF No. 35.) 22 Petitioner is proceeding with another habeas corpus action in this court. 2:17-cv-1924 23 KJN P, challenging his 2010 convictions. On October 30, 2017, the undersigned stayed 17-cv- 24 1924, pursuant to Rhines v. Weber, 544 U.S. 269 (2005). 25 Petitioner is directed to file an amended petition in case 17-1924 raising all his exhausted 26 claims. See Woods v. Carey, 525 F.3d 886, 888 (9th Cir. 2008) (if a new petition filed while 27 previous petition is pending without a decision, the new petition should be construed as a motion 28 to amend the pending petition). Following receipt of the amended petition in case 17-1924, if 1 | appropriate, the undersigned will issue an order in case 17-1924 lifting the stay and directing 2 | respondent to file a response to the amended petition. 3 Because petitioner’s claims challenging his 2010 convictions will proceed in case 17- 4 | 1924, the undersigned orders the instant action closed. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Within thirty days of the date of this order, petitioner shall file an amended petition 7 raising all his exhausted claims in case 17-1924; 8 2. Petitioner’s motion to stay (ECF No. 17) is denied as moot; 9 3. The Clerk of the Court is directed to close the instant action. 10 | Dated: December 6, 2019 Aectl Aharon 12 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 13 Rag410.clo 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28