Gregory Allen Harms v. Edward Silva

Summary

The United States District Court for the Eastern District of California directs a state prisoner proceeding under 28 U.S.C. § 2254 to file his unexhausted habeas petition in Sacramento County Superior Court within 30 days. The court also orders a status report within 45 days and warns that noncompliance may result in a recommendation to vacate the stay under Kelly v. Small.

Holdings

1. The court required petitioner to file the habeas corpus petition discussed in his status reports in the Sacramento County Superior Court within thirty days of the order.
2. The court required petitioner to file, within forty-five days, a status report stating when the state habeas petition was filed and clarifying whether it amended the petition filed May 22, 2025.
3. If petitioner fails to comply with the filing and reporting requirements, the court will recommend that the stay of the federal habeas action be vacated.

Questions Presented

1. Whether the court should require petitioner to file the state habeas petition within a specified period as a condition of continuing the stay.
2. What consequence should follow if petitioner fails to comply with the filing and status-report requirements.

Disposition

other