Durant

Durant v. Matteson

Good Law
United States District Court, Northern District of CaliforniaNovember 27, 20203:20-cv-02707California656 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANTHONY L. DURANT, Case No. 20-cv-02707-VC (PR)

Petitioner,

ORDER TO SHOW CAUSE

v.

GIGI MATTESON,

Respondent.

On April 20, 2020, Petitioner Anthony L. Durant, an inmate at California State Prison Solano, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his judgment imposed in the Alameda County Superior Court. On May 7, 2020, he filed an amended petition and a motion for a stay and abeyance under Rhines v. Weber, 544 U.S. 269 (2005). On August 31, 2020, the court issued an order denying without prejudice Durant’s motion for a stay and abeyance. The order stated that, if Durant wished to file a second motion for a stay and abeyance to address the deficiencies noted in the order, he had 45 days from the date of the order in which to do so. The order also stated that, if Durant did not file a second motion within 45 days, the court would assume he decided to proceed only with the claims in his present petition. Forty-five days have passed, and Durant has not filed a second motion for a stay. Therefore, the court will proceed with the amended petition. It does not…

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