Rose v. Barnes

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/2013 DENYING petitioner's 15 , 16 requests. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WAYNE LAVERNE ROSE,

12

Petitioner,

13

v.

14

No. 2:12-cv-3028-EFB P

R.E. BARNES,

15

ORDER

Respondent.

16
17

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

18

28 U.S.C. § 2254. Petitioner commenced this action by filing a petition for writ of habeas corpus

19

on December 17, 2012. ECF No. 1. The petition raises seven claims for relief. Id. On May 30,

20

2013, respondent addressed the merits of those claims in a responsive pleading. ECF No. 14.

21

Petitioner then filed a “motion to stay” in order to “exhaust unexhausted claims” without

22

specifying which of his claims he believes are unexhausted. ECF No. 15. Because he has not

23

provided sufficient information concerning the claims he wishes to exhaust, the court cannot

24

determine any basis for issuing a stay, and the motion is denied without prejudice. Petitioner also

25

requested to attach a letter from a San Joaquin County deputy public defender to his petition.

26

ECF No. 16. That request is denied as unnecessary, as respondent made the letter a part of the

27

record through Lodged Document No. 9, and discussed the letter in the responsive pleading. See

28

ECF No. 14 at 27; ECF No. 17.
1

1

Accordingly, IT IS HEREBY ORDERED that petitioner’s requests (ECF Nos. 15, 16) are

2

denied.

3

Dated: December 12, 2013.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2