(HC) Fisher v. Sherman

Opinion

JACOB FISHER, No. 2:18-cv-2725-WBS-EFB P Petitioner, v. ORDER STUART SHERMAN, Warden of the California Substance Abuse Treatment Facility, Respondent. Petitioner, a state prisoner, proceeds without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 23, 2019, the court granted petitioner’s motion to stay pursuant to the procedure outlined in Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) and ordered petitioner to file an amended petitioner deleting his unexhausted ineffective assistance of counsel claims within fourteen days. ECF No. 21. The fourteen-day period has expired and petitioner has not filed an amended petition or otherwise responded to the court’s order. In an abundance of caution, the could will grant petitioner a fourteen-day extension of time to comply with the court’s order. Failure to do so may result in this action being dismissed. ///// ///// Accordingly, it is hereby ORDERED that within fourteen days from the date of service of this order, petitioner shall file an amended petition that deletes his unexhausted ineffective assistance of counsel claims. DATED: October 29, 2019. Doutta Sid SH □□ UNITED STATES MAGISTRATE JUDGE