Carr

Carr v. McDowell

Good Law
United States District Court, Southern District of CaliforniaMarch 16, 20233:21-cv-00900California497 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PAUL D. CARR, Case No. 21-cv-900-MMA (MSB)

Petitioner,

ORDER LIFTING STAY

v. [Doc. No. 28] NEIL MCDOWELL, et al., Respondents. 16 17 18 On May 10, 2021, Petitioner Paul D. Carr, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Doc. No. 1 (the “Petition”). The Court initially dismissed the Petition with leave to amend, see Doc. No. 3, and thereafter granted Petitioner’s motion to proceed in forma pauperis, see Doc. No. 8, and extended Petitioner’s deadline to file a First Amended Petition three times, see Doc. Nos. 8, 11, 13. On August 8, 2022, the Court stayed this action pursuant to Rhines v. Weber, 544 U.S. 269 (2005), to allow Petitioner to exhaust his claims in state court. See Doc. Nos. 22, 24. The Court directed Petitioner to file a status report every ninety (90) days, as well as a motion to lift the stay within thirty (30) days of a final decision by the…

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