Martel

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSEPH MARTIN DANKS, Case No. 1:11-cv-00223-JLT

Petitioner, DEATH PENALTY CASE

v. ORDER: (1) STRIKING UNEXHAUSTED SUBCLAIMS IN CLAIMS 31 AND 33, and OAK SMITH, Warden of California State (2) PROVIDING FURTHER SCHEDULING Prison at San Quentin, 15 Respondent.1 16 Oak Smith, Warden of the California State Prison at San Quentin, through counsel Deputy Attorney General Justain Riley, moves to dismiss the 28 U.S.C. § 2254 habeas corpus petition filed in this proceeding on September 15, 2011 by petitioner Joseph Martin Danks, through counsel Gary Sowards and Margo Hunter of the Habeas Corpus Resource Center, on grounds it includes unexhausted subclaims that have not been stayed in abeyance or withdrawn. (Doc. 76.) Petitioner timely filed his response to the motion. (Doc. 77.) Respondent timely replied to petitioner’s response. (Doc. 78.) The parties then filed a stipulation regarding the unexhausted legal bases for the equal protection subclaims in Claims 31 and 33. …