(HC) Harvey v. People of the State of CA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN LEE HARVEY, No. 2:23-cv-00984-DAD-CKD P Petitioner, v. ORDER PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 15, 2023, this court ordered petitioner to show cause why a stay and abeyance of his habeas petition was appropriate since all of the claims raised therein had not yet been presented to the state courts. ECF No. 7. Petitioner was granted 30 days in which to file a response to the order to show cause. In response, petitioner filed a one-page declaration requesting a 60 day stay and abeyance. ECF No. 8. Liberally construed as a motion for a stay and abeyance, the motion is 24 1 Petitioner is advised that this court does not set a specific time frame (e.g., 60 days) in which 25 petitioner must exhaust all of his claims in the state court system due to the variability in case processing…