(HC) Gonzalez v. Smith

United States District Court for the Eastern District of California

(HC) Gonzalez v. Smith

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] JOSE ALBERTO GONZALEZ, No. 2:24-cv-0810 DC AC P 12 Petitioner, 13 Vv. ORDER 14 STEVEN SMITH, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus 18 || pursuant to

28 U.S.C. § 2254

. By order filed January 10, 2025, this case was stayed under Kelly 19 | v. Small,

315 F.3d 1063

(9th Cir. 2003). ECF No. 27. Petitioner is now requesting that the stay 20 | be lifted and that he be given an additional twenty-one days to file an amended petition. ECF No. 21 | 32. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The stay entered January 10, 2025 (ECF No. 27) is LIFTED; and 24 2. Petitioner shall file a second amended petition within twenty-one days of the service 25 | of this order. Failure to file an amended petition will result in this case proceeding on the first 26 || amended petition. ~ 27 | DATED: August 25, 2025 Hthren— are ALLISON CLAIRE 28 UNITED STATES MAGISTRATE JUDGE

Reference

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