(HC) Cervantes v. Sullivan, No. 1:2020cv00188 - Document 14 (E.D. Cal. 2020)

Court Description: ORDER WITHDRAWING 13 Findings and Recommendations; ORDER Construing Response as Motion to Lift Stay; and ORDER Granting Motion to Lift Stay signed by Magistrate Judge Jennifer L. Thurston on 7/24/2020. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RUBEN TONY CERVANTES, Petitioner, 12 13 v. 14 W.J. SULLIVAN, Warden, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-00188-NONE-JLT (HC) ORDER WITHDRAWING FINDINGS AND RECOMMENDATION (Doc. 13) ORDER CONSTRUING RESPONSE AS MOTION TO LIFT STAY ORDER GRANTING MOTION TO LIFT STAY (Doc. 12) 17 On February 6, 2020, Petitioner filed the instant petition for writ of habeas corpus raising only 18 one exhausted claim. (Doc. 1.) Petitioner filed a motion for a stay and abeyance of the proceedings, in 19 which he includes three claims to be exhausted. (Doc. 4.) Respondent did not oppose this request 20 (Doc. 9), and on April 14, 2020, the Court granted the stay. (Doc. 10.) Petitioner had failed to comply 21 with the Court’s orders and time allowances, therefore, the Court issued findings and recommendation 22 to dismiss the petition. (Doc. 13.) However, on the same day, Petitioner filed a response to the Court’s 23 order, stating that he has not been able to exhaust state remedies, and requesting to withdraw the stay 24 and abeyance and proceed with the one issue raised in his habeas petition. (Doc. 12 at 1.) The Court 25 will construe this as a motion to lift the stay. 26 ORDER 27 Accordingly, the Court ORDERS: 28 1. The findings and recommendation dated July 23, 2020 (Doc. 13) are WITHDRAWN; 1 1 2. Petitioner’s motion to lift the stay (Doc. 12) is GRANTED. 2 3 4 5 IT IS SO ORDERED. Dated: July 24, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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