Allen

(HC) Thomas v. Allen

Good Law
United States District Court, Eastern District of CaliforniaNovember 8, 20231:23-cv-00690California388 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 STAYING PROCEEDINGS AND

DIRECTING PETITIONER TO FILE

v. STATUS UPDATES

T. ALLEN, Respondent.

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. On August 8, 2023, the Court granted Petitioner’s motion to stay the proceedings pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). (ECF No. 18.) Petitioner has filed a second amended petition (“SAP”) containing only exhausted claims,1 (ECF No. 19), which satisfies the first requirement for a Kelly stay. Accordingly, IT IS HEREBY ORDERED that: 1. The proceedings are STAYED pending exhaustion of state remedies;

25 1 The SAP consists of a § 2254 form with references to “See Attached (Exhibit A).” (ECF No. 19 at 4–5.) The exhibit, in turn, consists of copies of various briefs and court documents from Petitioner’s direct appeal. The Court 26 will…

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