Reeves

Reeves v. ALLISON

Good Law
United States District Court, Southern District of CaliforniaJuly 6, 20233:19-cv-01886California3,206 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DONALD LEE REEVES, III, Case No.: 19-CV-1886-WQH(WVG)

Petitioner,

REPORT AND

v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE RE:

RAYMOND MADDEN, Warden,

ORDER TO SHOW CAUSE RE

Respondent. DISMISSAL FOR FAILURE TO

PROSECUTE AND LIFT STAY AND

ABEY

17 This case is currently stayed pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) and King v. Ryan, 564 F.3d 1133 (9th Cir. 2009) (allowing court to stay habeas petition containing only exhausted claims while allowing petitioner to proceed to state court to exhaust additional claims). (See Order, Feb. 12, 2020, ECF No. 14.) Donald Lee Reeves, III (“Petitioner”) is required to provide a status report every sixty days regarding his progress in exhausting claims seven and eight of his original federal petition for writ of habeas corpus in California state court. (Id. at 2.)1

26 1 Petitioner’s original federal habeas petition asserted eight…

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