FILED
NOT FOR PUBLICATION MAR 07 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GEORGE PARDO, No. 10-56039
Petitioner - Appellant, D.C. No. 5:09-cv-01527-CJC-RC
v.
MEMORANDUM *
MATTHEW CATE, Secretary,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Argued and Submitted March 4, 2013
Pasadena, California
Before: HAWKINS, THOMAS, and HURWITZ, Circuit Judges.
George Pardo appeals from the district court’s dismissal of his mixed habeas
petition, after the court denied Pardo’s motion to stay the petition and hold federal
proceedings in abeyance while he exhausted his claims in state court.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
After the filing of this appeal, the California Supreme Court denied Pardo’s
state habeas petition, and Pardo then filed a second federal habeas petition raising
the previously unexhausted claims. The record indicates that the district court has
denied, without prejudice, the Warden’s motion to dismiss the second petition as
untimely filed.
Resolution of the issues pending in the second habeas petition may make
some aspects of this appeal moot, and staying this appeal pending resolution of the
second habeas petition would unnecessarily fragment the case. Therefore, in the
interest of judicial economy, and in order to ensure consolidated and orderly
processing and consideration of all the issues, we vacate the judgment and remand
the case to the district court for further proceedings as it deems appropriate,
including case consolidation.
Given this resolution, we need not — and do not — reach any issue urged by
the parties on appeal.
VACATED AND REMANDED.
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