Guerrero

Guerrero v. Matterson

Good Law
United States District Court, Northern District of CaliforniaJanuary 28, 20213:20-cv-05923California320 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD ORESTES GUERRERO, Case No. 20-cv-05923-WHO (PR)

Petitioner,

ORDER STAYING ACTION

v.

G. MATTERSON, Dkt. No. 8 Respondent.

12 Petitioner Richard Orestes Guerrero’s motion to stay habeas proceedings so that he can exhaust claims in state court is GRANTED. (Dkt. No. 8.) This federal habeas action is STAYED under Rhines v. Webber, 544 U.S. 269 (2005). Nothing further will take place in this suit until the Court decides further action is appropriate, or until Guerrero meets the conditions for dissolving the stay. Guerrero is required to file a petition containing his unexhausted claims in the California Supreme Court within 180 days from the date of this order. Within 60 days after obtaining a decision from the state supreme court on his unexhausted claims, Guerrero must file in this Court a motion to dissolve the stay and to reopen federal habeas proceedings. Any motion to reopen must contain an amended petition on this Court’s form. The amended petition must…

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