Opinion
2:21-cv-04904-MCS-KES
06-23-2021
TIMOTHY JETSON, Petitioner, v. SUPERIOR COURT OF LOS ANGELES COUNTY, et al., Respondents.
NOTICE OF ELECTION
I elect to proceed as indicated below, recognizing that I can choose only one option.
Option One. I elect to dismiss voluntarily the claim identified in the Court's order as unexhausted (the “felon in possession” claim). I understand that the claim will be dismissed without prejudice, and that the Court will likely order service of my remaining claims on Respondent. I further understand that, should I later seek to bring this claim in federal court, the timeliness of that claim will be judged by comparing the new filing or amendment date with the date when the judgment against me becomes final, and that claim could be time-barred if brought more than a year after the date of final judgment.
Option Two. I elect to ask the Court for a stay under Rhines v. Weber. I understand that this means I need to show that I had good cause for not exhausting the “felon in possession” claim earlier, that my claim is not plainly meritless, and I did not intentionally delay bringing this claim. Accompanying this form is a motion explaining why I meet these requirements.
Option Three. I elect to explain why the Court is incorrect to conclude that any of my claims are unexhausted. Accompanying this form is a motion explaining how I exhausted my claims.
I further represent that my state criminal proceedings are (select one):
Ongoing at the trial court level.
Ongoing in that I intend to pursue a direct appeal.
Complete, with a final trial court judgment dated ________.
Other:_________
Dated: _____
Petitioner________