Pedro Trujillo v. Diaz

Filing 7

ORDER DENYING as MOOT Petitioner's Motion to Stay the Proceedings 2 , signed by Magistrate Judge Stanley A Boone on 1/18/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PEDRO TRUJILLO,

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Petitioner,
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vs.
RALPH DIAZ,
Respondent.

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Case No.:1:12-cv-02087-SAB (HC)
ORDER DENYING AS MOOT
PETITIONER’S MOTION TO STAY
THE PROCEEDINGS
(ECF. No. 2)

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Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28
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U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c)(1), Petitioner has consented to the jurisdiction of
the United States magistrate judge. Local Rule 305(b).
Petitioner filed the instant petition for writ of habeas corpus on December 28, 2012, along

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with a motion to stay the proceedings pending exhaustion of one of the three claims presented in

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the petition. Petitioner states that he filed a petition for writ of habeas corpus in the California

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Supreme Court on October 31, 2012, in case number S206349.

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A district court has discretion to stay a petition which it may validly consider on the
merits. Rhines v. Weber, 544 U.S. 269, 277 (2005). Thus, this court may stay a mixed petition,

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i.e., one containing exhausted and unexhausted claims, to allow a petitioner to present
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unexhausted claims to the state courts. Id.
A review of the California Supreme Court’s docket shows that Petitioner’s petition for

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writ of habeas corpus in case number S206349 was denied on January 3, 2013.1 In light of this

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denial, Petitioner’s claim is no longer pending in state court, and his request to stay this action

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must be denied as moot. Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion to stay the proceedings pursuant to

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Rhines is DENIED as MOOT.

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IT IS SO ORDERED.

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Dated:

January 18, 2013

/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir.
1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).

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