(HC)Hendrix v. Montgomery ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN HENDRIX, No. 2:20-cv-0531 JAM CKD P 12 Petitioner, 13 v. ORDER 14 WARDEN MONTGOMERY, 15 Respondent. 16 17 On September 21, 2020, petitioner filed an amended petition for writ of habeas corpus. 18 Petitioner also filed a motion asking that the amended petition be stayed pursuant to Kelly v. 19 Small, 315 F.3d. 1063 (9th Cir. 2003) which would permit petitioner to exhaust state court 20 remedies with respect to additional claims. Good cause appearing, IT IS HEREBY ORDERED 21 that: 22 1. The Clerk of the Court is directed to file petitioner’s amended petition for writ of 23 habeas corpus separately; 24 2. Petitioner’s motion for a stay (ECF No 23) is granted; 25 3. This matter is stayed; 26 4. The Clerk of the Court is directed to administratively close this case; and 27 ///// 28 ///// wOAIS 6 OU VEY I EUAN NS INES RUC, So POR ee OY ee 1 5. After petitioner has exhausted state court remedies, petitioner may submit a second 2 | amended petition which contains only exhausted claims or inform the court that he wishes to 3 || proceed on his amended petition. 4 || Dated: October 6, 2020 af Hf / /, CAN fu fl. ay > CAROLYN K. DELANEY 6 UNITED STATES MAGISTRATE JUDGE 7 8 9} i 10 hend053 Lksty 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28