Coneal

Coneal v. Smith

Good Law
United States District Court, Northern District of CaliforniaMay 4, 20223:21-cv-03421California326 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 JERRY CONEAL, Case No. 21-cv-03421-WHO (PR)

Petitioner,

ORDER STAYING ACTION

v.

LAURIE SMITH, Respondent.

16 In response to this court’s order, petitioner Jerry Coneal has informed the court that he wishes to stay his federal habeas action so that he can exhaust claim(s) in state court. (Dkt. No. 15.) This federal habeas action is STAYED under Rhines v. Webber, 544 U.S. 269 (2005). Nothing further will take place in this suit until this court decides that further action is appropriate, or until Coneal meets the conditions for dissolving the stay. Within 90 days after obtaining a decision from the state supreme court on his unexhausted claim(s), Coneal must file in this court a motion to dissolve the stay and to reopen federal habeas proceedings. Any motion to reopen the suit or dissolve the stay must have the words MOTION TO REOPEN on the first page. Any motion to reopen must contain an amended petition on this court’s form. The amended petition…

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