Barnes v. Carter

Background

Antoine Deshawn Barnes moved to stay, or pause, his federal habeas proceedings so that he could exhaust claims in state court. The opinion does not decide whether those claims have merit.

Ruling

The court granted Barnes’s motion to stay the habeas proceedings under Rhines v. Webber. The case will remain stayed until the court decides that further action is appropriate or Barnes satisfies the conditions for dissolving the stay.

After receiving a decision from the state supreme court on his unexhausted claims, Barnes must file a motion to dissolve the stay and reopen the federal proceedings. The motion must say “MOTION TO REOPEN” on its first page and include an amended petition on the court’s form. The amended petition must use the caption and case number in the order and say “THIRD AMENDED PETITION” on its first page. It must include every claim Barnes wants to present because it replaces his earlier petitions; Barnes may not incorporate earlier material by reference. The order states that any unexhausted claims will be summarily dismissed.

The court also reminded Barnes that, because he entered a plea agreement, the challenges remaining open to him in federal habeas review concern whether the plea was voluntary and intelligent and whether his counsel provided adequate advice. The Clerk was directed to administratively close the file while the action is stayed.

Effect of the Order

In Barnes v. Covello, Judge Orrick paused the federal case rather than deciding Barnes’s habeas claims. The order requires Barnes to pursue the specified state-court proceedings and then follow the stated steps to seek reopening.