Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD LACY LETNER, Case No. 1:18-cv-01459-JLT

Petitioner, DEATH PENALTY CASE

v. ORDER DENYING PETITIONER’S

MOTION TO LIFT STAY AND EXCUSE

RON BROOMFIELD, Warden of San EXHAUSTION Quentin State Prison, (Doc. 64) Respondent.1 15 Petitioner has moved the Court to lift the stay of this federal proceeding for exhaustion, which was designed to allow him to exhaust his second state habeas petition.2 He asks also for the Court to declare those state claims exhausted or to excuse exhaustion because, he argues, there is no available state corrective process or that process is ineffective. For the reasons set forth below, Petitioner’s motion is DENIED without prejudice.3 I. BACKGROUND Petitioner and co-defendant Christopher Tobin were convicted in Tulare County of first-degree murder with special circumstances of murder committed in the course of burglary, attempted rape and 24 …