Spearmen
(HC) Loyd v. Spearmen
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL RAY LOYD, Case No. 18-cv-07228-HSG
Petitioner, ORDER GRANTING REQUEST FOR
STAY
v. Re: Dkt. No. 20 SPEARMEN, Respondent.
12 Petitioner filed the above-titled pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of a judgment obtained against him in state court. On January 31, 2019, the Court found that the petition stated six cognizable claims and ordered respondent to show cause as to why the petition should not be granted. Dkt. No. 10. On January 15, 2020, the Court granted respondent’s motion to dismiss for failure to exhaust state court remedies, finding that petitioner’s ineffective assistance of counsel claims and cumulative error claim were unexhausted. Dkt. No. 18. The Court required petitioner to elect whether he wished to: (1) dismiss the unexhausted claims and go forward in this action with only the remaining claims, or (2) dismiss this action and return to state court…