Hoyos v. Wong
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|Date Filed||#||Document Text|
|January 4, 2011
ORDER: Denying (Doc. 61 ) Respondent's Motion to Dismiss For Failure to Exhaust; Granting Petitioner's Motion to Stay Federal Petition Under Kelly v. Small; and Setting Deadlines For Withdrawal of Unexhausted Claim Under Kelly and For Commencement of State Exhaustion Proceedings. The Court Denies Respondent's Motion to Dismiss, Grants Petitioner's Motion for Stay and Abeyance, and Sets deadlines as follows: the court grants Petitioner a thirty (30) day period i n which to commence litigation on the unexhausted claim in state court. Petitioner shall present Claim 14 to the state court within thirty (30) days of the date this Order is stamped "Filed," and file proof of that submission in this Court. Thereafter, Petitioner shall file a brief report with this Court every ninety (90) days informing the Court of the status of the state court petition. Finally, Petitioner shall file his Second Amended Petition in this case within thirty (30) days of the state court's resolution of his state habeas petition. If Petitioner does not file an Amended Petition within this time frame, the stay and abeyance shall be lifted, and the matter shall proceed accordingly. During the state court proceedin gs, all proceedings on the federal petition will be stayed. This will allow the California Supreme Court to complete the litigation of the state habeas petition before the substantive litigation on the federal habeas petition proceeds in this Court. Signed by Judge M. James Lorenz on 1/4/2011. (All non-registered users served via U.S. Mail Service) (srm)
|February 16, 2010
ORDER Granting 30 Petitioner's MOTION for Equitable Tolling; Granting Request for Permission to File a First Amended Petition; Tolling the Deadline for Filing the First Amended Petition to September 1, 2010; and Denying Petitioner's Reque st for an Order Prohibiting Respondent from Filing a Responsive Pleading: The First Amended Petition for Writ of Habeas Corpus is due on or before Wednesday, September 1, 2010. After the First Amended Petition is filed, the Court ORDERS the parties t o confer and attempt to reach an agreement on which claims are unexhausted, and to discuss how to proceed in this matter. After conferring, the parties are ordered to file a Joint Statement on or before Wednesday, September 15, 2010. Signed by Judge M. James Lorenz on 2/16/2010.(All non-registered users served via U.S. Mail Service)(mjj)
|March 6, 2009
ORDER Staying Execution of Death Sentence and referring Matter to Selection board for Suggestion of Appointed Counsel: Petitioners request for appointment of counsel is GRANTED. The execution of Petitioner's sentence of death, and all court and other proceedings related to the execution of that sentence, including preparation for execution and the setting of an execution date, are stayed for forty-five (45) days, up to and including Monday, April 13, 2009. Signed by Judge M. James Lorenz on 3/5/2009. (All non-registered users served via U.S. Mail Service)(Certified copies mailed as per the order).(mjj) (Attachment(s) added on 3/6/2009 to correct main document image) (mjj). Modified on 3/6/2009 to add text (mjj) (jrl).
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