David Calderon v. S. Smith
Opinion
Trial Court Opinion
I.
INTRODUCTION
Petitioner, David Calderon (“Petitioner”), proceeding pro se, has filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 challenging his 2021 conviction. ECF Docket No. (“Dkt.”) 1 at 2. Petitioner appears to admit that at least (3) of his claims have not been presented to the state court. Id. at 5, 209. Petitioner does request a stay so that the state courts can finish resolving certain post-conviction evidence motions Petitioner has filed. Id. at 220–21. However, Petitioner does not indicate that he is attempting to exhaust his claims in state court, nor does he explain any potential basis for a stay in this context. Id. Accordingly, some or all of Petitioner’s claims appear subject to dismissal. The Court will not make a final determination regarding whether the claim should be dismissed, however, without giving Petitioner an opportunity to supplement his request for a stay or file an amended petition. Petitioner also requests that counsel be appointed for him. Id. at 218–19. For the reasons discussed below, his request his DENIED, without prejudice to renewal should circumstances change.