Ganner v. Azarvand
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/29/11 ORDERING that Plaintiff shall submit a status report within 30 days advising the court as to the current status of any federal habeas corpus proceedings. (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LARRY GANNER,
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No. CIV S-07-2597-LKK-CMK-P
Plaintiff,
vs.
ORDER
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ERIC AZARVAND, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant
to 42 U.S.C. § 1983 raising claims related to his arrest.
On December 23, 2008, the court stayed these proceedings pending the outcome
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of ongoing criminal proceedings related to the alleged civil rights violations, see Wallace v.
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Kato, 127 S.Ct. 1091 (2007), and required plaintiff to submit a status report within 30 days of
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entry of judgment in the criminal case. Plaintiff submitted a status report on March 4, 2009, In
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this status report, plaintiff indicated that judgment was entered and he was sentenced on February
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17, 2009, to a prison term of 6 years and 8 months. This sentence was imposed pursuant to a
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plea agreement. Plaintiff added that, under the terms of the plea agreement, he preserved his
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right to appeal the trial court’s denial of his motion to suppress evidence. At the time plaintiff
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submitted his status report, the appeal was pending.
On April 14, 2009, the court continued the stay and directed plaintiff to submit a
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further status report following conclusion of the state court appeals process. Plaintiff submitted a
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second status report on February 10, 2010. Plaintiff stated that the state court appeals process
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concluded on January 21, 2010, with the denial of a petition for review by the California
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Supreme Court. Plaintiff added that he was planning to pursue federal habeas corpus remedies.
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Plaintiff will now be required to submit a further status report advising the court as to the current
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status of any federal habeas corpus proceedings. Plaintiff is cautioned that failure to comply
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could result in dismissal of the action. See Local Rule 110.
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Accordingly, IT IS HEREBY ORDERED that plaintiff shall submit a status report
within 30 days of the date of this order.
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DATED: June 29, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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