Black v. Kern Valley State Prison

Good Law
United States District Court, Northern District of CaliforniaOctober 7, 20215:21-cv-03386California462 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 RANDY BLACK, Case No. 21-03386 BLF (PR) 11 Petitioner,

ORDER GRANTING EXTENSION

OF TIME FOR PETITIONER TO v. RESPOND TO FIRST COURT ORDER

KVSP,

15 Respondent.

17 Petitioner, a California state prisoner, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his state conviction out of San Francisco Superior Court. Dkt. No. 1 at 1. On August 13, 2021, the Court screened the petition and found it was a mixed petition, containing both exhausted and unexhausted claims. Dkt. No. 9 at 3, citing Rose v. Lundy, 455 U.S. 509, 510 (1982). The Court directed Petitioner to file notice that he wishes to strike the unexhausted claim and proceed on the three cognizable and exhausted claims identified in the order, or in the alternative, file a motion for a stay that satisfies the factors under Rhines v. Webber, 544 U.S. 269 (2005). Id. at 3-4.

27 1 This…

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