(HC)Dev v. Lizarraga ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AJAY KUMAR DEV, No. 2:18-cv-01972 KJM AC 12 Petitioner, 13 v. ORDER TO SHOW CAUSE 14 JOE LIZARRAGA, 15 Respondent. 16 17 Petitioner is a state inmate proceeding through retained counsel in this habeas corpus 18 action filed pursuant to 28 U.S.C. § 2254. On September 13, 2018, this case was stayed to allow 19 petitioner to exhaust state court remedies pursuant to Rhines v. Weber, 544 U.S. 269 (2005). 20 ECF No. 20. In the same order, petitioner was directed to file a motion to lift the stay and an 21 amended § 2254 petition within 30 days from the California Supreme Court’s order resolving 22 petitioner’s unexhausted claims. ECF No. 20 at 2. A review of the docket in this case indicates 23 that petitioner has not filed any such motion during the five years in which this case has been 24 administratively stayed. 25 //// 26 //// 27 //// 28 //// ] Accordingly, IT IS HEREBY ORDERED that petitioner shall show cause within 21 days 2 || from the date of this order why the stay of this action should not be lifted due to petitioner’s 3 || exhaustion of state court remedies or his failure to diligently pursue such remedies. 4 | DATED: October 12, 2023 ~ 5 Cthten— Lape ALLISON CLAIRE 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28