Walker
Walker v. Beard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THELMEAS WALKER, Case No. 16-cv-01280-EMC
Plaintiff,
ORDER DISSOLVING STAY AND
v. REOPENING ACTION
JEFFREY BEARD, Defendant.
12 13 This federal habeas action (“2016 Petition”) was stayed so that Petitioner could exhaust a new claim in state court. Docket No. 18. In 2021, Petitioner filed a new habeas action challenging the same convictions he challenges in the instant action. See Walker v. Eaton, No. 21- cv-3774 (EMC) (“2021 Petition”). Respondent moved to dismiss the 2021 Petition for being, among other things, untimely. See 28 U.S.C. § 2244(d). In the interest of justice, the Court dismissed the 2021 Petition and will reopen the 2016 Petition. Accordingly, the stay in the instant matter is DISSOLVED and the action is REOPENED. The Clerk is directed to modify the docket accordingly. On or before September 9, 2022, Petitioner may file an amendment to the 2016 Petition. The amended petition should have…