Ashmus

ORDER

INTRODUCTION

Troy Ashmus was proceeding apace along the well-trod path from a state court conviction to federal habeas review when substantial changes in the law obscured the route and left its travelers in a realm of uncertainty. Unable to follow the customary course, Ashmus and his fellow habeas petitioners have frequently had to turn to the Courts for guidance. Troy Ashmus’ most recent request raises the question of the continuing propriety of holding a federal habeas petition in abeyance. Awaiting word from the Supreme Court and the Ninth Circuit, this Court originally deferred ruling on Ashmus’ abeyance motion. However, .the Supreme Court passed on its opportunity to provide direction, and communication from the Ninth Circuit does not appear to be imminently forthcoming. In an attempt to map the course Troy Ashmus must follow to ensure federal review of all of his claims the Court now considers his request to hold his recently filed federal petition, allegedly containing only “exhausted” claims, in abeyance pending state court exhaustion of his remaining claims.

DISCUSSION

Troy Ashmus currently has pending before the court a petition for habeas corpus containing…