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18-359 - (HC) Harris v. Hill


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18-359 - (HC) Harris v. Hill
March 8, 2018
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ORDER signed by Magistrate Judge Allison Claire on 3/8/2018 ORDERING, within 14 days, respondent shall file and serve a response to petitioner's 2 motion to stay and abbey. Respondent shall not file a response to the petition until further order of this court. Petitioner may, within 7 days after service of respondent's response, file and serve a reply. The Clerk shall serve a copy of this order, a copy of the petition, a copy of petitioner's 2 motion to stay and abey this action, and the form Consent to Proceed Before a United States Magistrate Judge. (cc: Tami Krenzin)(Yin, K) Modified on 3/9/2018 (Plummer, M).
July 10, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/9/2018 RECOMMENDING petitioner's 2 motion to stay and abey this action under Rhines v. Weber, 544 U.S. 269 (2005) be granted; petitioner be directed to file in this court, within 30 days after the filing date of the CA Supreme Court's final order resolving petitioner's unexhausted claims, a motion to lift the stay and a motion to file an amended petition for writ of habeas corpus, together with a proposed First Amended Petition; and the Clerk be directed to administratively close this case for the duration of the stay. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)