Gipson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARNELL DEVON WHEAT, No. 1:25-cv-00624 JLT SKO (HC) 12 Petitioner, ORDER DENYING MOTION FOR

RECONSIDERATION

13 v. [Doc. 16] 14 CONNIE GIPSON, et al., 15 Respondents. 16 17 Darnell Devon Wheat is a state prisoner proceeding pro se and in forma pauperis with a 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 On August 29, 2025, the Court denied Petitioner’s motion for stay and directed him to opt 20 for one of two choices: (1) He could request dismissal of the unexhausted and non-cognizable 21 claims from the petition, and the petition will proceed on his claim concerning the DNA results; 22 or (2) he could request dismissal of the petition without prejudice and return to state court to 23 exhaust the additional claims for relief. (Doc. 11.) The Court granted Petitioner 21 days to file his 24 response. 25 On October 9, 2025, Petitioner acknowledged his filing was late but stated he had not 26 received the Court’s order until September 25, 2025, due to…