Schultz
(HC) Vale v. Schultz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MAURICE LAMAR VALE, No. 2:25-cv-0639 CSK P Petitioner, v. ORDER JASON SCHULTZ, Warden, Respondent. 15 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. The petition is a mixed petition, containing both exhausted and unexhausted claims, and petitioner seeks to stay this action pending exhaustion of state court remedies. As discussed below, petitioner is granted leave to file a motion for stay. I. GOVERNING STANDARDS Federal law requires any habeas claim to be presented first to the state courts in order to correct any constitutional error. See 28 U.S.C. § 2254(b)(1)(A); see also Rose v. Lundy, 455 U.S. 509, 515-16 (1982) (explaining why federal habeas petitioners must exhaust claim by giving state courts the first opportunity to correct constitutional error); O’Sullivan v. Boerckel, 526 U.S. 838, 845…