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16-1037 - Rodriguez v. Griffin

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16-1037 - Rodriguez v. Griffin
April 5, 2017
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DECISION AND ORDER: ORDERED, that; 1. Petitioner's motion to amend his petition, Dkt. No. 26, is GRANTED; 2. Petitioner's motion to stay his amended habeas petition, Dkt. No. 27, is GRANTED; 3. The Clerk shall send to petitioner a copy of the signature page of his proposed amended petition (Dkt. No. 26-1, at 37). Petitioner must sign and date the signature page and return it to this Court by no later than thirty (30) days after the filing date of this Decision and Order; 4. Upon receipt of the signed and dated signature page, the Clerk shall file the proposed amended petition (Dkt. No. 26-1) as an amended petition; 5. Petitioner must advise the Court in writing, every thirty (30) days, of the status of the pending state court application, include the date upon which any decision is reached; 6. Within thirty (30) days of the date upon which the final state court capable of reviewing petitioner's application reaches a decision, petitioner must notify the Court of that decision; 7. If petitioner fails to comply with the terms of this Order, the stay shall be immediately lifted and the file returned to the Court for further proceedings; 8. No response to the amended petition will be required until petitioner completes exhaustion of his ineffective assistance of appellate counsel claim and the stay is lifted. Signed by Judge David N. Hurd on 4/5/17. (served on petitioner with dkt. no. 26-1 by regular mail) (alh, )