Gipson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DARNELL DEVON WHEAT, No. 1:25-cv-00624 JLT SKO (HC) Petitioner, ORDER DISMISSING PETITION FOR WRIT

OF HABEAS CORPUS, DIRECTING CLERK

OF COURT TO ENTER JUDGMENT AND v. CLOSE CASE, AND DECLINING ISSUANCE OF CERTIFICATE OF

APPEALABILITY

CONNIE GIPSON, et al., Respondents. 17 Petitioner Darnell Devon Wheat is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 29, 2025, the Court denied Petitioner’s motion for stay and directed him to opt for one of two choices: (1) Petitioner may request dismissal of the unexhausted and non- cognizable claims from the petition, and the petition will proceed on his claim concerning the DNA results; or (2) Petitioner may request dismissal of the petition without prejudice and return to state court to exhaust the additional claims for relief. (Doc.…