Greenlaw v. Mitchell et al

Filing 12

ORDER DISMISSING UNEXHAUSTED CLAIMS; TO SHOW CAUSE. Signed by Judge JEFFREY S. WHITE on 5/2/13. (jjoS, COURT STAFF) (Filed on 5/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROSEMARY GREENLAW,

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Petitioner,
vs.
SHEILA MITCHELL, et al.,
Respondents.

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No. C 12-1598 JSW (PR)

ORDER DISMISSING
UNEXHAUSTED CLAIMS; TO SHOW
CAUSE
(Docket No. 10)

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Petitioner, a prisoner of the State of California, has filed a habeas corpus petition
pursuant to 28 U.S.C. § 2254. The petition set forth nine claims challenging the validity
of her criminal conviction and sentence in state court. The Court reviewed the petition
and found three claims and part of a fourth claim cognizable. Respondent’s motion to
dismiss the petition on the grounds that petitioner had exhausted only one claim (Claim 5)
was granted. Petitioner was directed to elect one of three possible courses of action: (1)

dismiss this petition with an eye to exhausting and then filing another federal petition;
(2) amend the petition to dismiss the unexhausted issues, and proceed only with her
exhausted claim; or (3) ask for a stay of this case while she exhausts the unexhausted
issues in state court. She has filed a notice of election in which she argues that
exhaustion should be excused and, if it is not, to proceed with the second option. She
has not presented grounds for excusing exhaustion. Accordingly, the unexhausted

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claims – claims four, nine and two – are DISMISSED. Respondent will be ordered to

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show cause why the petition should not be granted based upon Petitioner’s fifth claim.

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Respondent shall file with the Court and serve on Petitioner, within ninety-one

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(91) days of the date this order is filed, an answer conforming in all respects to Rule 5 of

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the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus

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should not be granted based upon the fifth claim in the petition. Respondent shall file

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with the answer and serve on Petitioner a copy of all portions of the state trial record that

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have been transcribed previously and that are relevant to a determination of the issues

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presented by the fifth claim in the petition. If Petitioner wishes to respond to the answer,

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he shall do so by filing a traverse with the Court and serving it on Respondent within

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twenty-eight (28) days of the date the answer is filed.

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This order terminates docket number 10.

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IT IS SO ORDERED.

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DATED: May 2, 2013
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ROSEMARY BELLE GREENLAW,

Case Number: CV12-01598 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.
SHEILA MITCHELL, ET AL. et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 2, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Rosemary Belle Greenlaw
110 Hobson Street
San Jose, CA 95110-2224

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Dated: May 2, 2013

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk