Morrison v. Lizarraga

Opinion

1 2 3 4 5 6 7 8 11 RYAN MICHAEL MORRISON, Case No.: 18-cv-1857-MMA (JLB) 12 ORDER GRANTING PLAINTIFF’S 13 Plaintiff, MOTION: (1) TO LIFT STAY; AND v. (2) FOR LEAVE TO FILE FIRST JOE A. LIZARRAGA, Warden, et al., 15 [Doc. No. 23] 16 Defendants. 17 18

19 20 On February 5, 2020, the Court entered an order granting Petitioner’s motion to 21 stay under Rhines v. Weber, 544 U.S. 269 (2005). See Doc. No. 19 (the “Order”). 22 Pursuant to the Order, the Court directed Petitioner to file a motion requesting to lift the 23 stay and amend his petition within 30 days of the Supreme Court of California’s final 24 decision. According to Petitioner’s March 22, 2021 status report, the California Supreme 25 Court issued its decision denying his habeas corpus petition on February 17, 2021. See 26 Doc. No. 22. He now moves the Court to lift the stay and grant him leave to file a First 27 Amended Petition. The motion is unopposed to date. See Docket. Upon due 28 consideration, good cause appearing, the Court GRANTS the motion and LIFTS the 1 The Court further DIRECTS the Clerk of Court to administratively reopen this 2 || case and file Petitioner’s First Amended Petition as of the date of this order. See Doc. 3 || No. 23 at 5-43. The assigned magistrate judge will then issue a scheduling order in due 4 || course. 6 Dated: March 24, 2021 7 Miku MU - Le tol 8 HON. MICHAEL M. ANELLO 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28