Morrison v. Lizarraga

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

RYAN MICHAEL MORRISON, Case No.: 18-cv-1857-MMA (JLB) ORDER GRANTING PLAINTIFF’S Plaintiff, MOTION: (1) TO LIFT STAY; AND v. (2) FOR LEAVE TO FILE FIRST AMENDED PETITION

JOE A. LIZARRAGA, Warden, et al., [Doc. No. 23]

Defendants.

On February 5, 2020, the Court entered an order granting Petitioner’s motion to stay under Rhines v. Weber, 544 U.S. 269 (2005). See Doc. No. 19 (the “Order”). Pursuant to the Order, the Court directed Petitioner to file a motion requesting to lift the stay and amend his petition within 30 days of the Supreme Court of California’s final decision. According to Petitioner’s March 22, 2021 status report, the California Supreme Court issued its decision denying his habeas corpus petition on February 17, 2021. See Doc. No. 22. He now moves the Court to lift the stay and grant him leave to file a First Amended Petition. The motion is unopposed to date. See Docket. Upon due consideration, good cause appearing, the Court GRANTS the motion and LIFTS the The Court further DIRECTS the Clerk of Court to administratively reopen this case and file Petitioner’s First Amended Petition as of the date of this order. See Doc. No. 23 at 5-43. The assigned magistrate judge will then issue a scheduling order in due course.

IT IS SO ORDERED.

Dated: March 24, 2021

Miku MU - Le tol HON. MICHAEL M. ANELLO United States District Judge