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Melvin Keith Hooks v. Timothy Busby

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 20, 2012

MELVIN KEITH HOOKS,
PETITIONER,
v.
TIMOTHY BUSBY,
RESPONDENT.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DENYING PETITIONER'S MOTION REQUESTING EVIDENTIARY HEARING AND MOTION TO STAY WITHOUT PREJUDICE [Docs. 3, 6]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On June 14, 2012, Petitioner filed the instant Petition. (Pet., ECF No. 1.) Petitioner filed a motion for evidentiary hearing concurrently with the petition and filed a motion to stay the proceedings on July 3, 2012. (Motions, ECF No. 3, 6.)

Having screened the petition, it appears to the Court that Petitioner's claims are exhausted. Further, Petitioner, in his motion to stay, does not state that any of the claims presented in the petition have not been presented to the state court, or provided any reason why the Court should stay this petition to allow him to return to state court.

The Court shall require Respondent to file a response to the petition. The court shall deny Petitioner's motion to stay without prejudice. Should Respondent assert that Petitioner's claims are not exhausted, Petitioner may renew the request to stay the petition. Likewise, the Court shall deny Petitioner's motion for an evidentiary hearing. Should the Court find an evidentiary hearing helpful to resolve the petition after briefing, an evidentiary hearing will be granted.

Accordingly, the motions for evidentiary hearing and motion to stay (ECF Nos. 3, 6) are hereby DENIED without prejudice.

IT IS SO ORDERED.

20120820

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