William B Washington v. John N Katavich

Justia Dockets & Filings Ninth Circuit California Central District William B Washington v. John N Katavich

William B Washington v. John N Katavich

Petitioner:	William B. Washington
Respondent:	John N Katavich
Case Number:	5:2015cv00048
Filed:	January 8, 2015
Court:	US District Court for the Central District of California
Presiding Judge:	Jean P. Rosenbluth
Presiding Judge:	James V. Selna
Nature of Suit:	Habeas Corpus (General)

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Date Filed	Document Text
July 7, 2016	Filing 32 JUDGMENT by Judge James V. Selna. Under the Order Accepting Findings and Recommendations of U.S. Magistrate Judge 31 , IT IS HEREBY ADJUDGED that this action is dismissed. (MD JS-6, Case Terminated). (kl)
January 26, 2015	Filing 6 ORDER TO SHOW CAUSE by Magistrate Judge Jean P. Rosenbluth. IT THEREFORE IS ORDERED that within 28 days of the date of this Order, Petitioner do one of the following: (1) file a formal stay-and-abey motion if he believes he can make the required showings under Rhines; (2) voluntarily dismiss the Petition without prejudice under Federal Rule of Civil Procedure 41(a)(1) so that he may return to state court, with the understanding that any later petition may be time barred under § 224 4(d)(1); (3) voluntarily dismiss all claims in the Petition except the one concerning Miranda and elect either to proceed on that claim alone or seek a stay of the fully exhausted Petition under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) (as a mended) (allowing for stays of fully exhausted federal petitions without showing of good cause), overruling on other grounds recognized by Robbins v. Carey, 481 F.3d 1143, 1149 (9th Cir. 2007), with the understanding that he will be allowed to amend any subsequently exhausted claims back into the Petition only if the claims are timely or "relate back" to the original claims; or (4) show cause in writing why the Court should not recommend that this action be dismissed without prejudice for failure to exhaust state remedies. (See Order for details) (bem)

Date Filed

Document Text

July 7, 2016

Filing 32 JUDGMENT by Judge James V. Selna. Under the Order Accepting Findings and Recommendations of U.S. Magistrate Judge 31 , IT IS HEREBY ADJUDGED that this action is dismissed. (MD JS-6, Case Terminated). (kl)

January 26, 2015

Filing 6 ORDER TO SHOW CAUSE by Magistrate Judge Jean P. Rosenbluth. IT THEREFORE IS ORDERED that within 28 days of the date of this Order, Petitioner do one of the following: (1) file a formal stay-and-abey motion if he believes he can make the required showings under Rhines; (2) voluntarily dismiss the Petition without prejudice under Federal Rule of Civil Procedure 41(a)(1) so that he may return to state court, with the understanding that any later petition may be time barred under § 224 4(d)(1); (3) voluntarily dismiss all claims in the Petition except the one concerning Miranda and elect either to proceed on that claim alone or seek a stay of the fully exhausted Petition under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) (as a mended) (allowing for stays of fully exhausted federal petitions without showing of good cause), overruling on other grounds recognized by Robbins v. Carey, 481 F.3d 1143, 1149 (9th Cir. 2007), with the understanding that he will be allowed to amend any subsequently exhausted claims back into the Petition only if the claims are timely or "relate back" to the original claims; or (4) show cause in writing why the Court should not recommend that this action be dismissed without prejudice for failure to exhaust state remedies. (See Order for details) (bem)

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Respondent: John N Katavich
Represented By:	Heather F Crawford
Represented By:	Kevin R Vienna
Represented By:	Attorney General
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Petitioner: William B. Washington
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