Friend v. Davis
- Haywood Gilliam
- 4:15-cv-03514
- U.S. District Court · Northern District of California
- 1
In Friend v. Broomfield, Judge Gilliam vacated the habeas-case stay and set deadlines for the parties’ next filings.
Jack Wayne Friend’s federal habeas case resumes, and Ron Broomfield must participate in the required discussion and filing process.
What happened
In Friend v. Broomfield, the court had stayed Jack Wayne Friend’s case so he could complete state-court proceedings concerning exhaustion of certain habeas claims. Friend later asked the court to end the stay, stating that those proceedings had concluded.
No response to Friend’s motion was filed by the deadline. The court granted the motion and vacated the stay.
The case now resumes where it left off, and Judge Gilliam ordered the parties to discuss exhaustion or a response to the finalized habeas petition and submit a joint proposed schedule by the stated deadlines.
The detailed version
- Friend v. Davis · No. 4:15-cv-03514
- Haywood Gilliam
- July 11, 2022
Background
The court had stayed this habeas case on December 1, 2017, under a procedure allowing a petitioner to pause a federal habeas case while exhausting certain claims in state court. Jack Wayne Friend filed a motion on June 21, 2022, stating that the state-court exhaustion proceedings had concluded. A response was due July 5, 2022, but none was filed.
Ruling
For good cause shown, the court granted Friend’s Motion for Order Vacating Stay and vacated the stay. The court stated that the case resumes its posture from when the stay was entered. Friend had filed a finalized habeas petition.
Next steps
The court directed Ron Broomfield to file either a motion concerning exhaustion or an answer to the finalized petition, as required by the applicable local rule. The parties were ordered to meet and confer about exhaustion or a responsive pleading by August 5, 2022, and to file a joint case management statement proposing a schedule for further motions or responsive pleadings by August 12, 2022. Judge Haywood Gilliam signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.