Opinion
No. C 01-4974 MMC (PR)
December 16, 2003
ORDER STAYING PETITION
Petitioner, a California prisoner proceeding pro se, filed, pursuant to 28 U.S.C. § 2254, a habeas corpus petition containing seven claims. Because petitioner's first amended petition was a mixed petition, containing two exhausted and five unexhausted claims, on November 18, 2003, the Court granted petitioner leave to request a stay of the petition while he exhausts the five unexhausted claims. See Ford v. Hubbard, 330 F.3d 1086, 1099-1100 (9th Cir. 2003). Petitioner has timely filed a request for a stay.
Petitioner has filed a second amended petition with the Court which only contains the two exhausted claims.
Accordingly, petitioner's request for a stay is GRANTED and this action is hereby STAYED until thirty days after the California Supreme Court's final decision on the unexhausted claims raised in the first amended petition. If petitioner wishes to have this Court consider any of his unexhausted claims, he must properly present these claims to the Supreme Court of California within thirty days of the date this order is filed, and thereafter file a third amended petition in this Court within thirty days of the California Supreme Court's decision.
The clerk shall administratively close the file pending the stay of this action.
IT IS SO ORDERED.