Atchley

(HC) Fair v. Atchley

Good Law
United States District Court, Eastern District of CaliforniaAugust 24, 20222:20-cv-01107California428 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH D. FAIR, JR., No. 2:20-cv-1107 JAM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS MATTHEW ATCHLEY, Warden, TO LIFT STAY Respondent. 16 Petitioner is a California prisoner challenging his criminal conviction through a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Plaintiff currently proceeds on the first amended complaint which contains a single exhausted claim for relief. (ECF No. 15.) On November 5, 2021, the court stayed this action to allow petitioner an opportunity to return to state court to exhaust judicial remedies concerning two other claims for relief. (See ECF No. 22.) Petitioner was ordered to file an initial status report within 60 days, and to file subsequent status reports every 90 days thereafter, detailing his progress in exhausting his claims. (Id.) After petitioner failed to file any status reports, on July 1, 2022, the court ordered petitioner to show cause why…

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