Davis

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FRANKLIN LYNCH, Case No. 18-cv-00444-EMC

Petitioner,

DEATH PENALTY CASE

v.

ORDER DENYING PETITIONER’S

MOTION TO CLARIFY ORDER ON

RON DAVIS, RESPONDENT’S MOTION TO

DISMISS PETITION FOR FAILURE

Respondent.

TO EXHAUST STATE REMEDIES

Docket No. 68 13 14 Petitioner has filed a Motion to Clarify the Court’s order of November 17, 2020. That order rejected Petitioner’s request for an expedited summary judgment review of one or more of the exhausted habeas claims in his mixed petition and instructed him to choose which of his two proposed alternative stay and abeyance remedies he wishes to pursue or, alternatively, delete his unexhausted claims and proceed with federal review of his exhausted claims. Petitioner posits that the clarification he seeks “would permit [him] to identify which claims would require state court exhaustion and thereby to assess the Court’s option properly.” Docket No. 68…