Craven v. Robertson

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KALVINN. CRAVEN, Case No. 20-cy-01933-SI 8 Petitioner, 9 Vv. ORDER SUA SPONTE STAYING AND ABEYING CASE AND 10 JIM ROBERTSON, ADMINISTRATIVELY CLOSING CASE 11 Respondent. wg 12 Petitioner has informed the Court that on April 27, 2021, he filed a new state court habeas 13 = petition seeking to exhaust a number of new claims. Dkt. No. 34. As such, the Court finds it

appropriate to sua sponte stay and abey this petition. See Rhines v. Weber, 544 U.S. 269, 277-78 15 5 (2005). 16 = Accordingly, this action is STAYED and the clerk shall ADMINISTRATIVELY CLOSE 17 = the action. Nothing further will take place in this action until petitioner exhausts the unexhausted 4 18 claims and, within thirty days of doing so, moves to reopen this action, lift the Court’s stay and 19 proceed with consideration of his habeas petition. Petitioner must promptly return to federal court 20 after his state court proceedings have concluded. If petitioner does not return within thirty days of 21 exhausting the unexhausted claims, dismissal is possible. See Kelly v. Small, 315 F.3d 1063, 1071 22 (9th Cir.), cert. denied, 538 U.S. 1042 (2003). The Court makes no finding at this time as to the 23 timeliness of the currently unexhausted claims. 24 IT ISSO ORDERED. Suan Debate 26 Dated: May 6, 2021 27 SUSAN ILLSTON United States District Judge 28