Opinion
No. CIV S-06-2651 MCE EFB P.
August 14, 2007
ORDER
Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. This action proceeds on the November 21, 2006 petition. Respondents move to dismiss this action upon the ground petitioner failed to exhaust state remedies. Petitioner opposes, arguing that he has exhausted state court remedies regarding his original sentencing, review of which resulted only in partial relief. Pet.'s Opp'n at 2. Petitioner is currently attacking his re-sentencing in state court, but that re-sentencing is not at issue here.
In an abundance of caution, the court directs the parties to file supplemental briefing in which they identify more specifically what has been exhausted, what is at issue in the instant petition, and what remains to be exhausted.
Accordingly, IT IS HEREBY ORDERED that respondents and petitioner are directed to file supplemental briefing, in accordance with the above, within ten days of the service of this order.