(HC) Valtierra v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HILEBERTO VALTIERRA, Case No. 1:24-cv-00778-HBK (HC) Petitioner, ORDER FOR CLARIFICATION
REGARDING MIXED PETITION1
v. (Doc. No. 1, 4) STEVE SMITH, Respondent. 16 17 18 Petitioner Hileberto Valtierra (“Petitioner”), a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2254 that was docketed on July 3, 2024. (Doc. No. 1, “Petition”). Petitioner accompanied his Petition with a “motion to request for stay and abeyance of mixed federal habeas petition.” (Doc. No. 4, “Motion”). On August 21, 2024, Respondent filed an response to the Motion stating opposition to a Rhines stay and non- opposition to a Kelly stay. Petitioner filed a reply requesting a stay under Rhines, or in the alternative, an opportunity to dismiss the entire Petition without prejudice in order for him to fully exhaust his unexhausted claims and re-file a fully exhausted Petition. (Doc. No. 16). 27 1 This matter was referred to…