Guerrero v. Matterson

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RICHARD ORESTES GUERRERO, Case No. 20-cv-05923-WHO (PR)

Petitioner, 8 ORDER STAYING ACTION v. 9

10 G. MATTERSON, Dkt. No. 8 Respondent. 11

12 13 Petitioner Richard Orestes Guerrero’s motion to stay habeas proceedings so that he 14 can exhaust claims in state court is GRANTED. (Dkt. No. 8.) This federal habeas action 15 is STAYED under Rhines v. Webber, 544 U.S. 269 (2005). Nothing further will take place 16 in this suit until the Court decides further action is appropriate, or until Guerrero meets the 17 conditions for dissolving the stay. 18 Guerrero is required to file a petition containing his unexhausted claims in the 19 California Supreme Court within 180 days from the date of this order. Within 60 days 20 after obtaining a decision from the state supreme court on his unexhausted claims, 21 Guerrero must file in this Court a motion to dissolve the stay and to reopen federal habeas 22 proceedings. 23 Any motion to reopen must contain an amended petition on this Court’s form. 24 The amended petition must include the caption and civil case number used in this order 25 (20-05923 WHO (PR)) and the words FIRST AMENDED PETITION on the first page. 26 Because an amended petition completely replaces the previous petitions, Guerrero must 27 include in his first amended petition all the claims he wishes to present. See Ferdik v. 1 || prior petition by reference. Any unexhausted claims will be summarily dismissed. 2 The Clerk shall terminate all pending motions, and ADMINISTRATIVELY 3 || CLOSE the file pending the stay of this action. 4 IT IS SO ORDERED. . 5 || Dated: January 28, 2021 6 WILLIAM H. ORRICK 7 United States District Judge 8 9 10 11 qa 12

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