Slaughter v. Stokes

Filing 102

ORDER Regarding Unexhausted Claims signed by Magistrate Judge Stanley A. Boone on 2/11/2015. Fourteen (14) day deadline. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL COREY SLAUGHTER,

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Case No. 1:05-cv-00922-AWI-SAB

Petitioner,

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DEATH PENALTY CASE

v.

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ORDER REGARDING UNEXHAUSTED
CLAIMS

KEVIN CHAPPELL, Warden of San Quentin
State Prison,

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(FOURTEEN DAY DEADLINE)

Respondent.

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On February 6, 2015, Petitioner and Respondent1 filed a joint statement regarding the

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21 exhaustion status of the second amended petition. (ECF No. 101.) In the joint statement,
22 Petitioner agreed that allegations in claims 7 and 19 were not exhausted. Since a federal court
23 may not adjudicate a mixed petition, the next step in these proceedings is addressing the presence
24 of unexhausted claims in the second amended petition. See Rose v. Lundy, 455 U.S. 509 (1982).
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Accordingly, it is HEREBY ORDERED that within fourteen days of the filed date of this

26 order, Petitioner shall inform the Court whether he wishes to: (1) dismiss the second amended
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Ron Davis, the Acting Warden of San Quentin State Prison, is substituted as the named Respondent. Fed. R. Civ.

28 P. 25(d).

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1 petition under Rose; (2) file a notice of abandonment of unexhausted claims, see Kelly v. Small,
2 315 F.3d 1063 (9th Cir. 2003), overruled on other grounds by Robbins v. Carey, 481 F.3d 1143
3 (9th Cir. 2007); (3) file a third amended petition without the unexhausted claims, see id.; or (4)
4 file a motion for stay and abeyance under Rhines v. Weber, 544 U.S. 269 (2005). Within seven
5 days of Petitioner’s filing, Respondent shall file a response.
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IT IS SO ORDERED.

8 Dated:

February 11, 2015
UNITED STATES MAGISTRATE JUDGE

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