Gearhart v. Gastelo
- William Orrick
- 3:18-cv-06017
- U.S. District Court · Northern District of California
- 2
In Gearhart v. Ndoh, Judge Orrick granted a stay so Gearhart could exhaust his claims in California state court.
Kevin A. Gearhart and the federal proceedings in his case; the action is paused while he pursues state-court review.
What happened
Kevin A. Gearhart asked the court to pause his federal petition so he could pursue his unexhausted claims in state court. The opinion does not describe the underlying claims.
The court granted the request and stayed the action. Gearhart must file a petition in the California Supreme Court within 60 days of the order.
After receiving the state supreme court’s decision, Gearhart must move within 30 days to reopen the federal proceedings and submit an amended petition containing all claims he wants to pursue. Judge H. Orrick also ordered the clerk to administratively close the file while the stay remains in effect.
The detailed version
- Gearhart v. Gastelo · No. 3:18-cv-06017
- William Orrick
- Sept. 23, 2019
Background
Kevin A. Gearhart is the petitioner, and Rosemary Ndoh is the respondent. Gearhart asked the court to stay, or pause, his federal habeas proceedings so he could exhaust his claims in state court. The opinion does not identify the claims or explain their underlying factual or legal basis.
Court’s ruling
The court granted Gearhart’s request for a stay under Rhines v. Webber. The action is stayed, and nothing further will occur in the case unless the court determines that further action is appropriate or Gearhart satisfies the conditions for ending the stay.
Requirements during the stay
Gearhart must file a petition in the California Supreme Court within 60 days of the order. Within 30 days after receiving a decision from that court on his unexhausted claims, he must file a motion in this case to dissolve the stay and reopen the federal proceedings.
Any motion to reopen must include an amended petition on the court’s form. The amended petition must use the caption and civil case number in this order, include the words “FIRST AMENDED PETITION” on its first page, include all claims Gearhart wishes to present, and not incorporate the earlier petition by reference. The clerk was ordered to administratively close the file while the action is stayed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.