William Henry Thomas v. Warden, Folsom State Prison

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a state prisoner’s habeas corpus proceeding under 28 U.S.C. § 2254. The court dismissed claims two through six without prejudice, stayed consideration of claim one pending exhaustion in state court, and denied or mooted the petitioner’s remaining motions.

Holdings

1. The district court adopted the findings and recommendations in full after conducting de novo review and finding them supported by the record and proper analysis.
2. Respondent's motion to dismiss was granted in part, and petitioner's claims two through six were dismissed without prejudice.
3. The court granted petitioner's motions for a stay under Kelly v. Small and stayed consideration of claim one pending exhaustion of claims two through six in the California courts.
4. Petitioner's motion for appointment of counsel was denied without prejudice.
5. Petitioner's request that the attorney general respond and request for a copy of the docket were denied as moot.

Questions Presented

1. Whether respondent's motion to dismiss should be granted in part because claims two through six were subject to dismissal without prejudice.
2. Whether consideration of claim one should be stayed under the procedure described in Kelly v. Small pending exhaustion of claims two through six in state court.
3. Whether petitioner was entitled to appointment of counsel.
4. Whether petitioner's requests for a response from the attorney general and a copy of the docket should be denied as moot.

Disposition

other