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Sindorf v. Cate

United States District Court, Ninth Circuit, California, E.D. California
Aug 15, 2012
2:11-cv-01547-JKS (E.D. Cal. Aug. 15, 2012)

Opinion


KURT EUGENE SINDORF, Petitioner, v. MATTHEW CATE, Secretary, California Department of Corrections and Rehabilitation, Respondent. No. 2:11-cv-01547-JKS United States District Court, E.D. California. August 15, 2012

          ORDER

          JAMES K. SINGLETON, Jr., District Judge.

         Kurt Eugene Sindorf, a state parolee represented by counsel, has filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. In his Petition and Reply, Sindorf has requested a stay and abeyance while he exhausts his unexhausted claims. Sindorf has not disclosed, however, what post-conviction proceedings, if any, are pending in the California courts.

Although the Petition was filed by Sindorf appearing pro se, Sindorf is presently represented by retained counsel.

See Rhines v. Webber, 544 U.S. 269 (2005).

         IT IS THEREFORE ORDERED THAT within fourteen (14) days of the date of service of this Order, counsel for Sindorf must serve and file a report of the status of those state-court proceedings, including as applicable: (1) the nature of the state court post-conviction proceedings; (2) the highest state court in which the proceedings have been filed; (3) the date filed; (4) whether or not those proceedings have been completed; and (5) if the state-court proceedings have not been completed, what further state-court proceedings, if any, are required.

         IT IS FURTHER ORDERED THAT, if the state-court proceedings have been completed through the highest state court, Sindorf must attach a copy of the state-court decision to the report.


Summaries of

Sindorf v. Cate

United States District Court, Ninth Circuit, California, E.D. California
Aug 15, 2012
2:11-cv-01547-JKS (E.D. Cal. Aug. 15, 2012)
Case details for

Sindorf v. Cate

Case Details

Full title:KURT EUGENE SINDORF, Petitioner, v. MATTHEW CATE, [1] Secretary…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 15, 2012

Citations

2:11-cv-01547-JKS (E.D. Cal. Aug. 15, 2012)