Harms v. Silva

Summary

The United States District Court for the Eastern District of California adopted findings and recommendations granting Gregory Allen Harms’s motion to stay his federal habeas corpus action under Kelly v. Small. The court dismissed specified unexhausted claims without prejudice, stayed the action pending state-court exhaustion, and imposed periodic status-report and post-exhaustion filing requirements.

Holdings

1. The court granted Harms's motion for a stay under Kelly v. Small and stayed the action while he exhausts claims one, three, and subclaim C of claim two in state court.
2. Claims one, three, and subclaim C of claim two were dismissed without prejudice as unexhausted.
3. The district court adopted the findings and recommendations in full after de novo review.

Questions Presented

1. Whether the petition should be stayed under Kelly v. Small while Harms exhausts claims one, three, and subclaim C of claim two in state court.
2. Whether the unexhausted claims should be dismissed without prejudice and the federal action held in abeyance pending exhaustion.
3. Whether the magistrate judge's findings and recommendations should be adopted after de novo review.

Disposition

other