Dao
Dao v. Robertson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 CUONG HUY DAO, Case No. 19-cv-01074-WHO (PR)
Petitioner,
ORDER STAYING ACTION
v.
J. ROBERTSON, Respondent.
16 Petitioner Cuong Huy Dao’s “Request for Postponement and Withdrawal of Federal Habeas Corpus” is construed as a motion to stay habeas proceedings so that Dao can exhaust claims in state court. (Dkt. No. 23.) So construed, the motion is GRANTED. This federal habeas action is STAYED under Rhines v. Webber, 544 U.S. 269 (2005). Nothing further will take place in this suit until the Court decides further action is appropriate, or until Dao meets the conditions for dissolving the stay. Dao is required to file a petition containing his unexhausted claims in the California Supreme Court within 90 days from the date of this order. Within 30 days after obtaining a decision from the state supreme court on his unexhausted claims, Dao must file in this Court a motion to dissolve the stay and to reopen federal habeas proceedings. Any motion to reopen…