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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 ULYSSES ALEXANDER RIOS, Case No. 15-cv-01357 BLF (PR)

Petitioner, ORDER GRANTING MOTION TO

REOPEN ACTION; LIFTING STAY;

v. D SHIR OE WC T CI AN UG S R EE SPONDENT TO S. FRAUENHEIM, Warden,

Respondent. (Docket No. 35)

Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction out of Santa Clara County. The Court denied Respondent’s motion to dismiss and granted Petitioner’s motion to stay the instant action under Kelly v. v. Small, 315 F.3d 1063 (9th Cir. 2003), while he exhausted an unexhausted claim regarding ineffective assistance of appellate counsel. (Docket Nos. 21, 29.) Petitioner was directed to notify the Court within twenty-eight days of the California Supreme Court’s decision denying him relief to reopen this action by filing a motion to reopen this action. (Docket No. 29 at 2.) …