Friend v. Davis

United States District Court for the Northern District of California

Friend v. Davis

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 JACK WAYNE FRIEND, Case No. 15-cv-03514-HSG 7 Petitioner, ORDER VACATING STAY 8 Vv. Re: Dkt. No. 88 9 RON BROOMFIELD, Acting Warden, 10 California State Prison at San Quentin, Respondent. 11 On December 1, 2017, this matter was stayed pursuant to Rhines v. Weber,

544 U.S. 269, 278

(2005), so that petitioner could exhaust certain of his habeas claims in the state courts. ECF 4 Doc. No. 59. On June 21, 2022, petitioner filed a Motion for Order Vacating Stay indicating that S state court exhaustion proceedings have concluded. ECF Doc. No. 88. A response to petitioner’s motion to vacate the stay was due July 5, 2022, but none was filed. Accordingly, for good cause shown, petitioner’s Motion for Order Vacating Stay is GRANTED and the stay is VACATED. = With the stay vacated, this matter resumes its posture at the time the stay was entered. Petitioner has filed a finalized habeas petition. ECF Doc. No. 35. Pursuant to Habeas Corpus Local Rule 2254-29, respondent must either file a motion regarding exhaustion or answer the *° finalized petition. Accordingly, on or before August 5, 2022, the parties shall meet and confer regarding exhaustion or the filing of a responsive pleading, see Habeas Corpus Local Rule 2254- 29(b), and shall file a joint case management statement proposing a schedule for the filing of further motions or responsive pleadings on or before August 12, 2022. IT IS SO ORDERED. Dated: 7/15/2022 26

28 United States District Judge

Reference

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