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(HC) Munoz v. Marshall, et al Doc.

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Case 2:04-cv-01658-LKK-EFB Document 34 Filed 05/21/2007 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 MAURICIO R. MUNOZ,

11 Petitioner, No. CIV S-04-1658 LKK EFB P

12 vs.

13 JOHN MARSHALL, Warden,

14 Respondent. ORDER

15 /

16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28

17 U.S.C. § 2254. On March 1, 2006, the court ordered that this action be stayed and held in

18 abeyance pending the outcome of petitioner’s state court habeas proceedings. The court directed

19 petitioner to notify this court of the California Supreme Court’s decision within 30 days of its

20 issuance. On March 30, 2007, petitioner requested an extension of time to notify the court that

21 the California Supreme Court had resolved his petition for a writ of habeas corpus and to request

22 the court to lift the stay imposed on March 1, 2006. See Fed. R. Civ. P. 6(b). With this request,

23 petitioner filed a copy of the California Supreme Court’s March 14, 2007, order denying his

24 habeas petition.

25 Filing that information necessarily provided the required notice and less than 30 days

26 passed between the time the California Supreme Court denied relief and the time that petitioner

Dockets.Justia.com
Case 2:04-cv-01658-LKK-EFB Document 34 Filed 05/21/2007 Page 2 of 2

1 notified the court of that decision. Therefore, petitioner has met the original deadline and does

2 not need the additional time he requests.

3 Accordingly, it is ORDERED that petitioner’s March 30, 2007, request is denied as

4 unnecessary.

5 Dated: May 21, 2007.

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