(HC) Thomas v. Warden of Folsom State Prison

Good Law
United States District Court, Eastern District of CaliforniaAugust 15, 20242:23-cv-02741California533 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM HENRY THOMAS, No. 2:23-cv-02741-DAD-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS WARDEN OF FOLSOM STATE

PRISON,

15 Respondent.

17 Petitioner, a state prisoner proceeding without counsel seeking a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254, ECF No. 6, has yet to pay the filing fee or seek leave to proceed in 19 forma pauperis. The court ordered him to do one or the other by September 6, 2024. ECF No. 7. 20 Petitioner has requested that the court stay this action during the pendency of state “1172” 21 proceedings. ECF No. 3. 22 Where there is no chance that a petitioner’s federal habeas claims will be litigated in 23 pending California Penal Code § 1172.6 proceedings, a district court has discretion to stay the 24 federal case until the resolution of the § 1172.6 proceedings. Duke v. Gastelo, 64 F.4th 1088,

26 1 Once the filing fee is paid or leave to proceed in forma pauperis is granted, the court will screen the petition to determine whether…

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