Delmonico

Delmonico v. Bonta

Good Law
United States District Court, Northern District of CaliforniaJune 17, 20224:21-cv-02009California916 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 REQUEST TO LIFT

STAY AND REOPEN ACTION

v. Re: Dkt. No. 27 ROB BONTA, 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. On March 21, 2022, the Court screened the third amended petition and found that two of the ineffective assistance of counsel (“IAC”) subclaims were unexhausted, sua sponte dismissed these two unexhausted IAC subclaims, and granted Petitioner’s request for a stay of this action pursuant to King/Kelly. Dkt. No. 26. Now pending before the Court is Petitioner’s letter to the Court reporting that the Supreme Court of California returned his petition for review to exhaust state remedies under Cal. R. Ct. 8.508. Dkt. No. 27. The Court construes this letter as a request to lift the stay and reopen this action. The Court…

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