(HC) Strong v. Foss ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER STRONG, No. 2:19-cv-01268-DJC-CKD 12 Petitioner, 13 v. ORDER 14 TAMMY FOSS, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding through counsel in this habeas corpus action filed 18 pursuant to 28 U.S.C. § 2254. On March 20, 2020, the court stayed this case pursuant to Rhines 19 v. Weber, 544 U.S. 269 (2005). ECF No. 24. Although an order to show cause issued in 2021 20 indicated that petitioner had a pending appeal in state court, counsel for petitioner has not filed 21 any pleading indicating that state court remedies have been exhausted in the intervening three 22 years as he was ordered to do. See ECF No. 27. Therefore, the court will order petitioner to 23 show cause in writing why the stay of this case should not be lifted within 14 days from the date 24 of this order. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Petitioner shall show cause in writing within 14 days from the date of this order why 27 the stay of this case should not be lifted. Such response shall include a copy of any state court 28 decision resolving petitioner’s state habeas corpus petition as well as the status of any pending 1 | state habeas corpus petition. 2 2. The failure to respond within the time provided will result in the stay of this action 3 || being lifted. 4 | Dated: May 28, 2024 Card ke yy a 5 CAROLYN K DELANEY? 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 12/stro1268.osc.lift.stay 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28