Stamps v. Grounds

Filing 9

ORDER TO SHOW CAUSE RE MOTION TO STAY. Show cause response due by 1/29/13 at noon. Signed by Judge Alsup on 1/8/13. (whalc2, COURT STAFF) (Filed on 1/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Petitioner,
ORDER TO SHOW CAUSE RE
MOTION TO STAY

v.
RANDY GROUNDS,
Respondent.
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For the Northern District of California

United States District Court

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No. C 12-05753 WHA

KEITH STAMPS,

State prisoner Keith Stamps, through counsel, filed petition for a writ of habeas corpus

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on November 8, 2012. The petition includes five claims, including two that petitioner admits

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have not been exhausted (Dkt. No. 5 at 3). Petitioner has now filed a motion seeking a “stay-

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and-abate” order pursuant to Rhines v. Weber, 544 U.S. 269 (2005). Rhines held that a district

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court has the authority to issue stays of mixed petitions under AEDPA where good cause exists

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for petitioner’s failure to exhaust the claims in state court and the claims are potentially

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meritorious. Id. at 277.

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This order notes that no order to show cause regarding the habeas petition has issued, and

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respondent has not yet been required to respond to the merits of the petition. Respondent is

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hereby ordered to show cause why the motion to “stay-and-abate” should not be granted. By

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responding to the motion to stay, respondent does not thereby waive all objections or arguments

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regarding the merits of the underlying petition. Respondent’s response is due by JANUARY 29

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AT NOON.

Counsel for petitioner must serve this order and the motion on counsel for respondent

forthwith.

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IT IS SO ORDERED.
Dated: January 8, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE