Krongkiet v. Cate

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/11/12 denying 18 Motion to Stay and granting 18 Motion for Extension of time. Petitioner shall file his traverse within 30 days of this order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHOKCHAI KRONGKEIT,

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Petitioner,

No. 2:11-cv-2354 GEB CKD P

vs.
MATTHEW CATE,
Respondent.

ORDER
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Petitioner is a California prisoner proceeding pro se with a petition for writ of

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habeas corpus under 28 U.S.C. § 2254. He requests that the court stay this action so he may

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exhaust state court remedies as to two new claims: 1) he was denied due process because he pled

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guilty without an adequate understanding of the consequences; and 2) his rights under the Sixth

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and Fourteenth Amendments were violated when he was denied an interpreter at his preliminary

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hearing. Respondent opposes a stay. The court has discretion to stay a fully exhausted habeas

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petition to allow the petitioner to exhaust state court remedies with respect to additional claims.

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See e.g. Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003).

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Petitioner fails to provide any facts in support of his first claim. That being the

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case, the court cannot find there is any good reason to allow petitioner a stay so that he may

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exhaust state court remedies. Likewise a stay is not appropriate with respect to petitioner’s
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second claim because petitioner has no federal right to a preliminary hearing. See e.g. Peterson

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v. California, 604 F.3d 1166, 1169 (9th Cir. 2010). Since habeas relief under 28 U.S.C. § 2254

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can only be granted for violations of federal law, the court could not grant petitioner relief on his

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second claim even if state court remedies were exhausted.

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For these reasons, petitioner’s request for a stay will be denied. Petitioner

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requests that if the court denies a stay, petitioner be granted an extension of time to file his

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traverse. Good cause appearing, that request will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s May 1, 2012 request for a stay is denied.

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2. Petitioner’s May 1, 2012 request for an extension of time is granted.

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3. Petitioner shall file his traverse within 30 days of this order.

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Dated: June 11, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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