Lucas v. Ayers
ORDER on Statement of the Parties Regarding Exhaustion. Within 30 days of the issuance of this Order, Petitioner shall file his motion for a stay. Within 14 days of Petitioner filing his motion for a stay, Respondent shall file any opposition to the motion for a stay. Within 14 days of the filing of Respondent's opposition to the motion for a stay, Petitioner shall file any reply in support of the motion for a stay. Signed by Judge Gonzalo P. Curiel on 1/17/17.(dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
DAVID ALLEN LUCAS,
Petitioner, DEATH PENALTY CASE
15cv1224 GPC (WVG)
ORDER ON STATEMENT OF THE
RON DAVIS, Warden, California
State Prison at San Quentin,
Based upon the stipulation of the parties, the Court finds that the following
claims and/or subclaims in the Petition for Writ of Habeas Corpus filed on
November 22, 2016, are unexhausted: Claims 10.D, 12, 13.B.2, 13.B.5, 13.B.6,
35.M, 50.H, 50.L, 50.M, 52, and 53. The Court takes the parties’ position
statements regarding the exhaustion status of Claims 2.E.7 and 7.E.1 under
submission and will render a decision on the exhaustion status of those claims
concurrent with a decision on the stay and abeyance issue.
In addition, the Court adopts the parties’ proposed schedule for resolving
procedural matters related to the Petition:
15cv1224 GPC (WVG))
Within 30 days of the issuance of this Order, Petitioner shall file his
motion for a stay so that he may present his unexhausted claims to the state court.
See Rhines v. Weber, 544 U.S. 269, 273-78 (2005) (affirming the authority of
district courts to stay, rather than dismiss, mixed petitions governed by AEDPA
Within 14 days of Petitioner filing his motion for a stay, Respondent
shall file any opposition to the motion for a stay.
Within 14 days of the filing of Respondent’s opposition to the motion
for a stay, Petitioner shall file any reply in support of the motion for a stay.
Unless otherwise ordered by the Court, the above motions will be
decided on the pleadings.
IT IS SO ORDERED.
Dated: January 17, 2017
15cv1224 GPC (WVG))
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?