Joshua Kane Smith v. C. Koenig

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 10 JOSHUA KANE SMITH, Case No. 2:19-cv-01650-PSG (AFM) 11 Petitioner, ORDER TO SHOW CAUSE v.

C. KOENIG, Warden,

14 Respondent. 15 16 In February 2019, Petitioner filed a habeas corpus petition in this Court pursuant to U.S.C. § 2254. The petition includes four claims for relief. Recognizing that he had not exhausted his state remedies with respect to Ground Four of the petition, Petitioner requested a stay. (ECF No. 1 at 7, 9.) On July 11, 2019, the Court denied Petitioner’s motion for a stay under Rhines v. Weber, 544 U.S. 269 (2005), but granted a stay under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) on the condition that Petitioner file a Notice of Withdrawal withdrawing the unexhausted claim. (ECF No. 13) Petitioner’s Notice of Withdrawal was due on August 10, 2019. As of the date of this order, Petitioner has neither filed the requisite notice nor sought an extension of time within which to do so. Federal habeas corpus relief is not available unless a…