Hill

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID CAPPS, No. 2:25-cv-1047 WBS AC 12 Petitioner, 13 v. ORDER 14 JAMES HILL, Warden, 15 Respondent. 16 17 Petitioner is a California state prisoner proceeding through counsel with an application for 18 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the petition filed 19 on April 8, 2025, which challenges petitioner’s 2022 conviction on multiple counts of lewd and 20 lascivious acts with a child and related offenses. ECF No. 1. On September 4, 2025, two months 21 after the petition was fully briefed and submitted for decision, petitioner filed a motion to stay 22 pending exhaustion. ECF No. 13. Primarily because respondent had not asserted the defense of 23 non-exhaustion, but on the contrary had acknowledged that all three claims of the federal petition 24 were exhausted, the undersigned denied the motion as unnecessary. ECF No. 16. Petitioner has 25 now filed a motion for reconsideration, directed to the undersigned. …