Dempsey

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PATRICK DUGAN DEMPSEY, Case No. 23-cv-02182-PCP

8 Plaintiff, ORDER REQUIRING PETITIONER

TO MAKE ELECTION AND DENYING

9 v. MOTION TO EXCUSE EXHAUSTION

10 STEPHEN SMITH, Re: Dkt. No. 26 Defendant. 11

12 Petitioner Patrick Dempsey, a state prisoner proceeding pro se, has filed a petition for a 13 writ of habeas corpus under 28 U.S.C. § 2254. Dkt. No. 1. The Petition is now before the Court for 14 review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. 15 Shortly after filing the Petition, Mr. Dempsey asked the Court to excuse his failure to exhaust 16 certain claims. Mr. Dempsey also has filed motions seeking counsel, production of documents, 17 and assistance with other matters related to case administration. 18 For the reasons stated below, Mr. Dempsey’s motion to excuse exhaustion is denied. Mr. 19 Dempsey must make an election before the Court can determine whether to require a response 20 from respondent, or…