1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THELMEAS WALKER, Case No. 16-cv-01280-EMC

8 Plaintiff, ORDER DISSOLVING STAY AND 9 v. REOPENING ACTION

10 JEFFREY BEARD, 11 Defendant.

12 13 14 This federal habeas action (“2016 Petition”) was stayed so that Petitioner could exhaust a 15 new claim in state court. Docket No. 18. In 2021, Petitioner filed a new habeas action 16 challenging the same convictions he challenges in the instant action. See Walker v. Eaton, No. 21- 17 cv-3774 (EMC) (“2021 Petition”). 18 Respondent moved to dismiss the 2021 Petition for being, among other things, untimely. 19 See

(d). In the interest of justice, the Court dismissed the 2021 Petition and will 20 reopen the 2016 Petition. Accordingly, the stay in the instant matter is DISSOLVED and the 21 action is REOPENED. The Clerk is directed to modify the docket accordingly. 22 On or before September 9, 2022, Petitioner may file an amendment to the 2016 Petition. 23 The amended petition should have the case caption and case number for the 2016 Petition on the 24 first page (that is, it should state “Walker v. Beard, Case No. 16-cv-1280-EMC”), and also should 25 be clearly marked “Amended Petition.” 26 The amended petition must be a complete statement of Petitioner’s claims. See Lacey v. 27 Maricopa County,

(9th Cir. 2012) (en banc) (“For claims dismissed with 1 amended complaint to preserve them for appeal. But for any claims voluntarily dismissed, we will 2 consider those claims to be waived if not repled.”). This means that if Petitioner wishes to pursue 3 any claim, whether it was raised in the 2016 or 2021 Petitions, or not previously filed in federal 4 court, that claim must be included in his amended petition. In other words, any claim not 5 included in the amended petition will be deemed waived, and the Court will order briefing only on 6 the claims presented. Respondent need not file an answer to the amended petition until it has been 7 reviewed by the Court pursuant to

and Rule 4 of the Rules Governing Section 8 2254 Cases. 9 If Petitioner does not file an amended petition by the deadline, the Court will assume that 10 Petitioner intends to proceed only on the claims originally raised in the 2016 Petition and to waive 11 all other claims, and will set a briefing schedule for Respondent to file an answer to the 2016 12 Petition’s claims. 13 14 IT IS SO ORDERED. 15 16 Dated: July 28, 2022 17 18 ______________________________________ EDWARD M. CHEN 19 United States District Judge 20 21 22 23 24 25 26 27