Cates

(HC) West v. Cates

Good Law
United States District Court, Eastern District of CaliforniaMarch 24, 20252:21-cv-00410California522 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY WEST, JR., Case No. 2:21-cv-0410-DJC-JDP (P) Petitioner, v. ORDER BRIAN CATES, Respondent. 16 Petitioner Jerry West, Jr., a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. On May 17, 2022, I found that petitioner had exhausted two claims, but that the petition described an indeterminate number of other claims that were unexhausted. ECF No. 11 at 1-2. I recommended that petitioner be granted a stay under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002), so that petitioner could retain his exhausted claims and return to court to exhaust his other claims. Id. Those recommendations were adopted by the district judge. ECF No. 12. Petitioner was directed to file an amended complaint containing only his exhausted claims and, then, to move to amend his petition to include claims newly exhausted in state court. Id. In late 2024, petitioner filed two separate…

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