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17-233 - (HC) Odom v. Adams

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17-233 - (HC) Odom v. Adams
February 13, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/10/2017 ORDERING petitioner shall submit, within 30 days, an application in support of her request to proceed ifp or the appropriate filing fee; and the Clerk shall send petitioner an ifp form. (Yin, K)
August 8, 2017
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ORDER signed by Magistrate Judge Allison Claire on 08/08/17 ordering respondent's deadline to respond to the petition is vacated and will be re-set at a later date. Petitioner's motion for stay 11 is denied without prejudice. 3. Within thirty days of service of this order, petitioner must do one of the following: a. File a motion for a stay under Kelly; b. File a motion to amend the petition to add in the unexhausted claims with a copy of the proposed amended petition attached and file a motion for a stay under Rhines; c. File a notice stating that she wants to proceed on the current petition without a stay. If petitioner does not take any action, the case will proceed on the original petition without a stay. (Plummer, M) Modified on 8/8/2017 (Plummer, M).
October 3, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/2/2017 RECOMMENDING petitioner's 13 motion to stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), be granted; petitioner be directed to immediately proceed to exhaust her state remedies; petitioner be directed to file a case status report every 60 days, advising the court of the progress of her state habeas petition; petitioner be directed that within 30 days of a decision by the state's highest court exhausting her new claims she must notify this court of the decision and at that time request a lift of the stay and file an amended petition setting forth all of her exhausted claims; and the Clerk be directed to administratively close this case. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Yin, K)