Tolentino
Eduardo Tolentino v. Chance Andes, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EDUARDO TOLENTINO, Case No.: 25-cv-01687-CAB-MMP
Petitioner,
ORDER DENYING AS MOOT MOTION
v. TO STAY
CHANCE ANDES, et al., [ECF No. 5] Respondents. 16 On June 30, 2025, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 against Respondent Chance Andes, Warden. ECF No 1. In an Order issued on July 8, 2025, the Court granted Petitioner’s motion to proceed in forma pauperis and notified Petitioner the Petition as currently drafted was subject to dismissal for failure to allege exhaustion of state court remedies. ECF No. 4. The Court instructed Petitioner to avoid a future dismissal for presenting a petition with only unexhausted claims, Petitioner must notify the Court of his choice to either: (1) demonstrate exhaustion, (2) voluntarily dismiss the petition, or (3) file a motion to stay the federal proceedings.…