Bates v. The People of the State of California

Opinion

GILBERT JOSEPH BATES, Case No.: 18cv1563-MMA (MSB)

Petitioner, ORDER GRANTING PETITIONER’S v. MOTION TO VOLUNTARILY DISMISS UNEXHAUSTED CLAIMS

Respondent. [Doc. No. 29]

Petitioner Gilbert Joseph Bates (“Petitioner”), a state prisoner proceeding pro se, has filed a First Amended Petition (“FAP”) for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See Doc. No. 5. The Court previously cautioned Petitioner that his FAP contains both exhausted and unexhausted claims and informed Petitioner of his options for proceeding with a mixed petition. See Doc. Nos. 17, 22. On March 25, 2020, Petitioner filed a motion to voluntarily dismiss the unexhausted claims in his FAP—Claims Two through Six. See Doc. No. 29. Upon due consideration, good cause appearing, the Court GRANTS Petitioner’s motion. Accordingly, the Court DISMISSES Claims Two through Six in the FAP. See Rose v. Lundy, 455 U.S. 509, 510 (1982) (holding that a petitioner who files a mixed petition “resubmit[] the habeas petition to present only exhausted claims to the district court.”). Dated: April 1, 2020 LMakuh la (lil HON. MICHAEL M. ANELLO United States District Judge