Huggins v. Martel

Filing 48

ORDER RE MOTION TO STAY PENDING EXHAUSTION. Signed by Judge Yvonne Gonzalez Rogers on 8/15/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL JAMES HUGGINS,

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No. C 06-07254 YGR

Petitioner,

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For the Northern District of California

United States District Court

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ORDER RE MOTION TO STAY PENDING
EXHAUSTION

v.
KEVIN CHAPPELL, Warden of San Quentin
State Prison,
Respondent.

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Petitioner Michael James Huggins is a condemned inmate at San Quentin State Prison. On
September 27, 2012, the Court granted Petitioner's motion to stay these proceedings pending a

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competency determination. On January 10, 2013, the Court granted the parties' joint motion to
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continue the competency determination pending the decision of the United States Supreme Court in
Ryan v. Gonzales, No. 10-930, cert. granted 132 S. Ct. 1738 (2012). On January 8, 2013, the
Supreme Court issued a decision, Ryan v. Gonzales, ___ U.S. ___, 133 S. Ct. 696. Based on Ryan,
Respondent moved to vacate the stay; the Court denied Respondent's motion and ordered the parties
to submit a proposed schedule and procedures for determining Petitioner's competency.
The parties have since jointly submitted a Motion to Stay Federal Habeas Corpus

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Proceedings Pending Petitioner's Exhaustion In State Court of Claim Pursuant to Atkins v. Virginia.

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Petitioner avers that he has a viable claim that he is ineligible for execution under Atkins v. Virginia,

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536 U.S. 304 (2002) (holding that execution of the mentally retarded violates the Eighth

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Amendment). Accordingly, Petitioner and Respondent jointly move to stay federal proceedings

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pursuant to Rhines v. Weber, 544 U.S. 269 (2005) (authorizing a district court to stay federal habeas

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proceedings while a petitioner pursues unexhausted claims in state court), while Petitioner pursues

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his Atkins claim in state court. Pursuant to this Court's earlier Order of May 3, 2013, the parties

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have also jointly submitted a list of guilt-phase claims that are unexhausted and appropriate for

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For the Northern District of California

United States District Court

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review by the state court.
The Court has reviewed the parties' submissions and agrees that allowing the state court to
resolve Petitioner's Atkins claim prior to continuing with further federal court proceedings is the
most efficient course of action. In the interests of judicial economy, any unexhausted portions of

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Petitioner's guilt-phase claims – which would survive even if Petitioner is found to be ineligible for
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execution under Atkins – should also be brought to the state court's attention.
Accordingly, for good cause shown, it is hereby ORDERED that:
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Pursuant to Rhines v. Weber, 544 U.S. 269 (2005), federal proceedings in this matter

are STAYED until the California Supreme Court rules on Petitioner's state habeas petition;
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Petitioner will inform the Court of the date of filing of his state habeas petition, and

submit quarterly status reports thereafter;
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Petitioner's federal habeas counsel may represent him during the exhaustion

proceedings in state court.

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IT IS SO ORDERED.
DATED:

August 15, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT

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