Opinion
No. CIV S-06-2276 FCD GGH P.
May 8, 2008
ORDER
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 16, 2008, petitioner filed a motion to stay this action pending exhaustion of additional claims. On January 22, 2008, petitioner filed a document entitled "Motion to Amend." This document is an amended petition. On April 21, 2008, petitioner filed a statement indicating that his claims are now exhausted.
Good cause appearing, IT IS HEREBY ORDERED that:
1. Petitioner's January 16, 2008, motion to stay is vacated as unnecessary;
2. Petitioner's January 22, 2008, motion to amend is construed as an amended petition;
3. Within thirty days of the date of this order, respondent shall file a response to the newly exhausted claims contained in the January 22, 2008, amended petition which were not previously addressed in the answer filed September 17, 2007; petitioner's reply to respondent's response is due thirty days thereafter.