Hill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID CAPPS, No. 2:25-cv-1047 WBS AC Petitioner, v. ORDER JAMES HILL, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding through counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the petition filed on April 8, 2025, which challenges petitioner’s 2022 conviction on multiple counts of lewd and lascivious acts with a child and related offenses. ECF No. 1. On September 4, 2025, two months after the petition was fully briefed and submitted for decision, petitioner filed a motion to stay pending exhaustion. ECF No. 13. Primarily because respondent had not asserted the defense of non-exhaustion, but on the contrary had acknowledged that all three claims of the federal petition were exhausted, the undersigned denied the motion as unnecessary. ECF No. 16. Petitioner has now filed a motion for reconsideration, directed to the undersigned. …