Boyette

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MAURICE BOYETTE, Case No. 13-cv-04376-WHO

8 Petitioner,

ORDER DENYING WITHOUT

9 v. PREJUDICE MOTION TO LIFT STAY

AND EXCUSE EXHAUSTION

10 RON BROOMFIELD, Re: Dkt. No. 79 Respondent. 11

12 13 INTRODUCTION 14 Petitioner Maurice Boyette has filed a motion to excuse his obligation to exhaust claims in 15 state court. He requests that I lift the federal stay of his proceedings and reinstate the litigation of 16 all of the claims contained in his federal habeas petition even though several of those claims are 17 still pending in state court as part of his second state habeas petition. Boyette argues that it would 18 be futile to wait for the state courts to complete their corrective process because delays have 19 rendered that process unavailable or ineffective under 28 U.S.C. § 2254(b)(1)(B). Respondent 20 opposes Boyette’s request. For the reasons discussed below, Boyette’s motion is DENIED 21 without prejudice to renew this motion in a year if…