Phelps
Phelps v. Peery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BREWSTER DENYVEOUS PHELPS, Case No. 22-cv-01729-JSC
Plaintiff, ORDER GRANTING MOTION FOR
STAY; ADMINISTRATIVELY
v. CLOSING CASE; INSTRUCTIONS TO
PETITIONER
SUSAN PEERY, et al., Re: Dkt. Nos. 14, 15 Defendants.
INTRODUCTION Petitioner, a California prisoner proceeding without an attorney, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition raised five claims. Petitioner stated that claims three, four, and five were not exhausted, and he requested a stay to allow him to exhaust them. The Court dismissed claim three for failure to state a cognizable claim for relief, found the remaining claims, when liberally construed, cognizable, and scheduled briefing on Petitioner’s request for a stay for the purpose of exhausting claims four and five. Petitioner filed two motions seeking a stay (ECF Nos. 14 and 15), and Respondent filed an opposition. The time to file a reply…