(HC) Castillo v. Gamboa

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CONRAD CASTILLO, Case No. 1:24-cv-01521-SAB-HC

Petitioner, ORDER STAYING PROCEEDINGS

v. Respondent.

Petitioner, represented by counsel, is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 14, 2025, the Court granted Petitioner’s motion to stay the proceedings pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). (ECF No. 8.) On March 27, 2025, Petitioner filed an amended petition containing only exhausted claims, which satisfies the first requirement for a Kelly stay. (ECF No. 9.) Accordingly, IT IS HEREBY ORDERED that: 1. The proceedings are STAYED pending exhaustion of state remedies; 2. Petitioner is DIRECTED to file a status report within thirty (30) days of the date of service of this order, and then every ninety (90) days thereafter; and 3. Within thirty (30) days following the final order of the state courts, Petitioner MUST FILE an amended petition in this Court including all exhausted claims. Petitioner is forewarned that failure to comply with this order will result in the Court vacating the stay. IT IS SO ORDERED. FA. ee Dated: _ April 8, 2025 STANLEY A. BOONE United States Magistrate Judge