Gearhart

Gearhart v. Gastelo

Good Law
United States District Court, Northern District of CaliforniaSeptember 30, 20203:18-cv-06017California426 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEVIN A. GEARHART, Case No. 18-cv-06017-WHO (PR)

Petitioner,

ORDER REOPENING ACTION;

v.

ORDER DISMISSING PETITION

JOSIE GASTELO, WITH LEAVE TO AMEND Respondent.

12 This federal habeas action was stayed at petitioner Gearhart’s request so that he could exhaust claims in state court. (Dkt. No. 18.) Gearhart now moves to reopen and has filed a first amended petition. (Dkt. No. 20.) Accordingly, the stay is DISSOLVED and the action is REOPENED. The Clerk shall modify the docket to reflect this. The first amended petition cannot proceed as is. It states without elaboration what claims he wants to pursue and it does not appear on this Court’s form. A federal habeas petition must state claims for relief and provide specific facts in support of each claim. Accordingly, the first amended petition is DISMISSED with leave to file an amended petition on this Court’s form on or before November 16, 2020. The amended petition must include the caption…

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