Joseph Carrington v. Robert Neuschmid

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JOSEPH CARRINGTON, Case No. 2:19-cv-02771-FMO-MAA 12 Petitioner, ORDER DIRECTING ENTRY OF v. JUDGMENT AND DENYING

CERTIFICATE OF

ROBERT NEUSCHMID, Warden, APPEALABILITY 15 Respondent. 16 17 On February 20, 2020, the Court granted Respondent’s Motion to Dismiss (ECF No. 13) as to the exhaustion grounds therein. (“Order,” ECF No. 27, at 10.) In light of Petitioner’s request to have a further opportunity “to file a motion for stay and/or decide[] to dismiss unexhausted claims and proceed forward on the exhausted claims” (ECF No. 26, at 6), the Court deferred entry of judgment for fourteen (14) days after the date of the Order. (Order at 10.) To date, Petitioner has not moved the Court for leave to amend the First Amended Petition to delete his unexhausted claims or move for a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003). Accordingly, the Court directs the Clerk to enter judgment denying the First Amended Petition and dismissing the…