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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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 Petitioner, ORDER TO SHOW CAUSE RE MOTION TO STAY v. RANDY GROUNDS, Respondent. / 11 For the Northern District of California United States District Court 10 12 No. C 12-05753 WHA KEITH STAMPS, State prisoner Keith Stamps, through counsel, filed petition for a writ of habeas corpus 13 on November 8, 2012. The petition includes five claims, including two that petitioner admits 14 have not been exhausted (Dkt. No. 5 at 3). Petitioner has now filed a motion seeking a “stay- 15 and-abate” order pursuant to Rhines v. Weber, 544 U.S. 269 (2005). Rhines held that a district 16 court has the authority to issue stays of mixed petitions under AEDPA where good cause exists 17 for petitioner’s failure to exhaust the claims in state court and the claims are potentially 18 meritorious. Id. at 277. 19 This order notes that no order to show cause regarding the habeas petition has issued, and 20 respondent has not yet been required to respond to the merits of the petition. Respondent is 21 hereby ordered to show cause why the motion to “stay-and-abate” should not be granted. By 22 responding to the motion to stay, respondent does not thereby waive all objections or arguments 23 regarding the merits of the underlying petition. Respondent’s response is due by JANUARY 29 24 25 AT NOON. Counsel for petitioner must serve this order and the motion on counsel for respondent forthwith. 26 27 28 IT IS SO ORDERED. Dated: January 8, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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