Craven v. Robertson

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 7 KALVINN. CRAVEN, Case No. 20-cy-01933-SI 8 Petitioner, 9 Vv. ORDER SUA SPONTE STAYING AND ABEYING CASE AND 10 JIM ROBERTSON, ADMINISTRATIVELY CLOSING CASE 11 Respondent. wg 12 Petitioner has informed the Court that on April 27, 2021, he filed a new state court habeas = petition seeking to exhaust a number of new claims. Dkt. No. 34. As such, the Court finds it appropriate to sua sponte stay and abey this petition. See Rhines v. Weber, 544 U.S. 269, 277-78 5 (2005). = Accordingly, this action is STAYED and the clerk shall ADMINISTRATIVELY CLOSE = the action. Nothing further will take place in this action until petitioner exhausts the unexhausted 18 claims and, within thirty days of doing so, moves to reopen this action, lift the Court’s stay and proceed with consideration of his habeas petition. Petitioner must promptly return to federal court after his state court proceedings have concluded. If petitioner does not return within thirty days of exhausting the unexhausted claims, dismissal is possible. See Kelly v. Small, 315 F.3d 1063, 1071 (9th Cir.), cert. denied, 538 U.S. 1042 (2003). The Court makes no finding at this time as to the timeliness of the currently unexhausted claims.

IT ISSO ORDERED.

Suan Debate Dated: May 6, 2021 27 SUSAN ILLSTON United States District Judge