Hernandez
Hernandez v. Sullivan
Opinion
Opinion
Manella, J.
ORDER DENYING REQUESTS FOR STAY
PROCEEDINGS
Petitioner filed a “Petition for Writ of Habeas Corpus by a Person in State Custody” (“Pet.”) on April 22, 2005. Respondent filed an Answer (“Ans.”) on May 23, 2005, alleging Petitioner had not exhausted all of his claims as required by 28 U.S.C. sections 2254 (b) and (c).
Petitioner filed a “Request to Hold Petition in Abeyance” on June 24, 2005, admitting that two of Petitioner’s claims were unexhausted and requesting that the Court stay adjudication pending Petitioner’s ex haustion of state remedies. On June 29, 2005, the Court issued an order permitting Petitioner the option of: (1) filing a declaration and/or other evidence in an attempt to demonstrate that Petitioner’s request for a “stay and abeyance” met the requirements of Rhines v. Weber, 544 U.S. 269 , 125 S.Ct. 1528 , 161 L.Ed.2d 440 (2005), or (2) abandoning the unexhausted claims.
On September 13, 2005, Petitioner filed a second “Request to Hold Petition in Abeyance,” presenting additional arguments in support of his request for a “stay and abeyance.” Respondent filed an opposition on October 11, 2005.