Delmonico

Delmonico v. Bonta

Good Law
United States District Court, Northern District of CaliforniaMarch 9, 20234:21-cv-02009California777 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 WITHOUT

PREJUDICE REQUEST TO LIFT

v. STAY

ROB BONTA, Re: Dkt. No. 29 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, pursuant to Petitioner’s request, the Court stayed this action to allow Petitioner to exhaust state court remedies. Dkt. No. 26. Now pending before the Court is Petitioner’s request to lift the stay. Dkt. No. 29. For the reasons set forth below, the request is DENIED without prejudice. DISCUSSION Petitioner has requested to lift the stay, arguing that he has exhausted his state court remedies. Dkt. No. 29 at 1-3. Petitioner reports that on July 11, 2022, he filed a petition for a writ of habeas corpus in Santa Clara…

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