Allen
(HC) Thomas v. Allen
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LACHANCE L. THOMAS, Case No. 1:23-cv-00690-EPG-HC
Petitioner, ORDER DENYING PETITIONER’S
MOTION TO STAY
v. (ECF No. 33) T. ALLEN, Respondent.
15 Petitioner Lachance L. Thomas is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 8, 2023, the Court granted Petitioner’s motion to stay the proceedings pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). (ECF No. 18.) On September 13, 2023, Petitioner filed a second amended petition (“SAP”) containing only exhausted claims. (ECF No. 19.) On November 8, 2023, the Court stayed the federal habeas proceedings pending exhaustion of state remedies and ordered Petitioner to file an initial status report within thirty days and every ninety days thereafter. (ECF No. 20.) The order forewarned Petitioner that failure to comply with the status report requirement will result in the Court vacating the stay. (Id. at 2.1) Petitioner filed an initial status report…