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18-035 - (HC) Tucker v. Warden


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18-035 - (HC) Tucker v. Warden
January 22, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/2018 ORDERING Petitioner to submit, within 30 days from the date of this order, an affidavit in support of his request to proceed IFP or the appropriate filing fee. If Petitioner intended his filing for the California Supreme Court, he may file a request to voluntarily dismiss this action. (Henshaw, R)
March 7, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/07/18 GRANTING 6 Motion to Proceed IFP. Petitioner is granted thirty days in which to file a motion for stay; if he seeks a stay under Rhines, petitioner must address each of the required elements: (1) the petitioner had good cause for his failure to exhaust, (2) his unexhausted claims are potentially meritorious, and (3) there is no indication that the petitioner engaged in intentionally dilatory litigation tactics. (Plummer, M)
May 10, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/18 GRANTING 11 Motion to Stay. Within 30 days from the date the California Supreme Court issue a final order resolving the unexhausted claims, petitioner shall file in this court a motion to lift the stay. The clerk of the court is directed to administratively terminate this action. (Plummer, M)