Delmonico

Delmonico v. Bonta

Good Law
United States District Court, Northern District of CaliforniaDecember 13, 20214:21-cv-02009California2,255 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL JOHN DELMONICO, Case No. 21-cv-02009-HSG

Petitioner, ORDER DENYING PETITIONER’S

REQUEST FOR STAY; REQUIRING

v. ELECTION BY PETITIONER

MATTHEW RODRIQUEZ, Re: Dkt. No. 16 Respondent.

12 Petitioner has filed a pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging a 2018 misdemeanor conviction from Palo Alto Superior Court. Now pending before the Court is Petitioner’s request to stay these proceedings while he returns to state court to exhaust ineffective assistance of counsel (“IAC”) subclaims Nos. 2 through 8. Dkt. No. 16. Respondent has not filed an opposition, and the deadline to do so has since passed. For the reasons set forth below, the Court DENIES Petitioner’s request for a Rhines stay without prejudice to seeking a King/Kelly stay and direct Petitioner to make an election. DISCUSSION I. Background On June 10, 2021,…

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