(HC) Castillo v. Gamboa

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

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

12 Petitioner, ORDER STAYING PROCEEDINGS

13 v. 14 MARTIN GAMBOA, 15 Respondent.

16 17 Petitioner, represented by counsel, is a state prisoner proceeding with a petition for writ 18 of habeas corpus pursuant to 28 U.S.C. § 2254. 19 On March 14, 2025, the Court granted Petitioner’s motion to stay the proceedings 20 pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). (ECF No. 8.) On March 27, 2025, 21 Petitioner filed an amended petition containing only exhausted claims, which satisfies the first 22 requirement for a Kelly stay. (ECF No. 9.) 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. The proceedings are STAYED pending exhaustion of state remedies; 25 2. Petitioner is DIRECTED to file a status report within thirty (30) days of the date of 26 service of this order, and then every ninety (90) days thereafter; and 27 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. 1 Petitioner is forewarned that failure to comply with this order will result in the Court 2 | vacating the stay. 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: _ April 8, 2025 STANLEY A. BOONE 6 United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28