(HC)Gilmore v. Hill

Opinion

2 . 3 4 5 8 UNITED STATES DISTRICT COURT 9 . SOUTHERN DISTRICT OF CALIFORNIA . 10 11 || STEVEN GILMORE, Case No.: 20-cv-2230-WOQH-RBM 12 Petitioner, ORDER: 13 || V- 14 |] RICK HILL, Warden, MOTION FOR COPIES; AND 15 Respondent. 16 . . (2) DIRECTING THE CLERK OF COURT TO MAIL COPIES TO 17 PETITIONER. □ 18 [Doc. 20] 19 □ . 20 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a 21 || Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Docs. 1, 8.) Thereafter, 22 || Petitioner filed a motion for stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005) or Kelly 23 Small, 315 F.3d 1063 (9th Cir. 2003). (Doc. 13.) On March 10, 2021, Respondent Rick 24 || Hill (“Respondent”), Warden of Folsom State Prison, filed a response in opposition to 25 ||Petitioner’s motion for stay, along with a notice of lodgment of the state court record. 26 ||(Docs. 17-18.) On June 8, 2021, nunc pro tunc, Petitioner filed a motion alleging he has 27 ||not received any opposition briefing from Respondent on his motion for stay. (Doc. 20.) 28 || The undersigned construes the June 8, 2021 motion as a request for copies of the following: . ]

1 ||(1) an updated summary docket; (2) Respondent’s brief in opposition to Petitioner’s motion 2 || for stay (Doc. 17); and (3) Respondent’s notice of lodgment of the state court record (Doc. 18).! □ 4 Upon due consideration, and good cause appearing, the Court GRANTS Petitioner’s 5 ||motion. The Clerk of Court is DIRECTED to mail copies of the following documents to 6 || Petitioner: (1) the docket sheet with summary text next to each filing; (2) Respondent’s 7 || brief in opposition to Petitioner’s motion for stay and abeyance (Doc. 17); and (3) 8 || Respondent’s notice of lodgment of the state court record (Doc. 18). 9 IT IS SO ORDERED. 10 ||Dated: June 18, 2021 □

12 HON. RUTH BERMUDEZ MONTENEGRO 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 . . 18 19 20 21 22 □□ 23 24 25 26 27 . 28 Petitioner also renewed his motion for stay and abeyance (Doc. 13) in the June 8, 2021 motion (Doc. 20), but this Order makes no ruling as to Petitioner’s motion for stay and abeyance.