Black v. Kern Valley State Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 RANDY BLACK, Case No. 21-03386 BLF (PR) 11 Petitioner,
ORDER OF DISMISSAL
12 v.
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. On August 30, 2021, mail sent to Petitioner was returned with a notation on the envelope, “Inmate Refused.” Dkt. No. 10 at 1. On October 7, 2021, in the…