Summary
This United States District Court order adopts a magistrate judge's findings and recommendations regarding a pro se state prisoner's habeas corpus petition under 28 U.S.C. § 2254. The court denies the petitioner's motion for a stay and abeyance to exhaust additional claims, finding insufficient justification for the delay. The court directs the petitioner to either dismiss the unexhausted claims to proceed on the remaining claim or dismiss the entire petition without prejudice within 21 days.
Topics
Practice areas
Questions Presented
- Whether the district court should grant a stay and abeyance of the habeas petition pending exhaustion of state remedies.
- Whether the magistrate judge’s recommendation to deny the stay should be adopted.
Holdings
- The motion for stay and abeyance is denied.
- Petitioner must file within 21 days either a request to dismiss the unexhausted claims or a request to dismiss the petition without prejudice.
Key quotations
“"Failure to file objections within the specified time may result in the waiver of rights on appeal."”
Factual background
Darnell Devon Wheat, a state prisoner, filed a pro se habeas petition alleging an undisclosed ski mask in law‑enforcement custody and seeking dismissal of a gang‑imposed enhancement. He moved for a stay and abeyance pending exhaustion of state remedies. The magistrate judge found no reason for a stay and no good cause to support the motion.
Procedural history
The petitioner, a state prisoner, filed a pro se habeas petition and moved for a stay pending exhaustion of state claims. The magistrate judge found no good cause and recommended denial. The district court reviewed de novo, adopted the findings, and denied the motion.
Remand instructions
Petitioner must file either a request for dismissal of the unexhausted claims or a request for dismissal of the petition without prejudice within 21 days of service of this order.