Allen

(HC) Thomas v. Allen

Good Law
United States District Court, Eastern District of CaliforniaAugust 8, 20231:23-cv-00690California2,030 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LACHANCE L. THOMAS, Case No. 1:23-cv-00690-EPG-HC

Petitioner, ORDER DISCHARGING ORDER TO

SHOW CAUSE, GRANTING

v. PETITIONER’S MOTIONS TO STAY, AND

DIRECTING PETITIONER TO FILE

T. ALLEN, AMENDED PETITION DELETING

UNEXHAUSTED CLAIMS

Respondent. (ECF Nos. 7, 14, 15) 16 Petitioner Lachance L. Thomas is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The instant petition contains both unexhausted and exhausted claims, and Petitioner has moved for a stay while he returns to state court to exhaust the claims that were not raised on direct appeal. As Petitioner has failed to establish good cause for his failure to exhaust, the Court will grant a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). I. BACKGROUND On December 29, 2022, Petitioner filed a federal habeas petition challenging his 2017 convictions in…

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