Bates v. The People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GILBERT JOSEPH BATES, Case No.: 18cv1563-MMA (MSB)
Petitioner,
ORDER GRANTING PETITIONER’S
v. MOTION TO VOLUNTARILY
DISMISS UNEXHAUSTED CLAIMS
DANIEL A. PARAMO, WARDEN,
Respondent. [Doc. No. 29]
16 17 18 Petitioner Gilbert Joseph Bates (“Petitioner”), a state prisoner proceeding pro se, has filed a First Amended Petition (“FAP”) for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See Doc. No. 5. The Court previously cautioned Petitioner that his FAP contains both exhausted and unexhausted claims and informed Petitioner of his options for proceeding with a mixed petition. See Doc. Nos. 17, 22. On March 25, 2020, Petitioner filed a motion to voluntarily dismiss the unexhausted claims in his FAP—Claims Two through Six. See Doc. No. 29. Upon due consideration, good cause appearing, the Court GRANTS Petitioner’s motion. Accordingly, the Court DISMISSES Claims Two through Six in the FAP. See…