Stewart v. Covello

Summary

The United States District Court for the Eastern District of California adopted findings and recommendations concerning Charles Ranando Stewart, Jr.'s motion to stay his federal habeas corpus proceedings. The court denied a Rhines stay as moot, granted a Kelly stay pending exhaustion of state court remedies, and required periodic status reports and a motion to lift the stay after state-court resolution.

Holdings

1. After conducting de novo review under 28 U.S.C. § 636(b)(1)(C), the district court adopted the magistrate judge's findings and recommendations in full.
2. The court granted petitioner's motion for a stay under Kelly v. Small and stayed the habeas action pending exhaustion of state-court remedies.
3. The court denied petitioner's request for a stay under Rhines v. Weber as moot because the amended petition no longer contained the unexhausted claims.

Questions Presented

1. Whether the court should adopt the magistrate judge's recommendation to grant a stay under Kelly v. Small while petitioner exhausts state-court remedies.
2. Whether petitioner's request for a stay under Rhines v. Weber should be denied as moot after the amended petition omitted the unexhausted claims.
3. What procedural requirements should govern the stayed habeas action pending exhaustion of state-court remedies.

Disposition

other