IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 1, 2010
ORVAL D. FLANNERY, PETITIONER,
JAMES WALKER, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.*fn1 Petitioner has paid the filing fee.
Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response as set forth below.
Petitioner raises three grounds in challenging his 2005 Amador County Superior Court conviction of petty theft with a prior (Cal. Penal Code § 666) and under the three-strikes law (Cal. Penal Code § 667.5) for which he was sentenced to an indeterminate term of 25 years to life. Petition, pp. 1-7. Of the three grounds raised, petitioner alleges that ground three is unexhausted, and he brings a motion for the petition to be stayed pending the state court exhaustion of the unexhausted ground. See Motion to Stay (docket # 2). The court intends to consider respondent's response to the motion before adjudicating the request for a stay of the petition.
Accordingly, IT IS ORDERED that:
1. The Clerk of the Court is directed to serve the petition and the motion to stay upon respondent; and
2. Respondent is directed to review the petition and the pending motion to stay and to file a response to the motion to stay, filed on April 14, 2010 (docket # 2), within twenty-one days.