Dao

Dao v. Robertson

Good Law
United States District Court, Northern District of CaliforniaNovember 29, 20213:19-cv-01074California261 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 CUONG HUY DAO, Case No. 19-cv-01074-WHO (PR) Petitioner, v. ORDER STAYING ACTION

J. ROBERTSON, Dkt. No. 27 g Respondent. 9 In light of petitioner Dao’s motion, (Dkt. No. 27), this federal habeas action is || STAYED again under Rhines v. Webber, 544 U.S. 269 (2005). Nothing further will take place in this suit until the Court lifts the stay. Within 30 days after obtaining a decision || from the state supreme court on his unexhausted claims, Dao must file in this Court a S 14 || 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 a 16 || include the caption and civil case number used in this order (19-01074 WHO (PR)) and the

17 || words FIRST AMENDED PETITION on the first page. Because an amended petition || completely replaces the previous petitions, Dao must include in his first amended petition…

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