Gipson

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

RECONSIDERATION

v. [Doc. 16] CONNIE GIPSON, et al., Respondents. 16 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) He could 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) he could request dismissal of the petition without prejudice and return to state court to exhaust the additional claims for relief. (Doc. 11.) The Court granted Petitioner 21 days to file his response. On October 9, 2025, Petitioner acknowledged his filing was late but stated he had not received the Court’s order until September 25, 2025, due to…