United States District Court, D. Utah
MEMORANDUM DECISION & ORDER GRANTING
NUFFER, CHIEF JUDGE
November 2, 2016, with the help of appointed counsel,
Petitioner filed a Third Amended Petition under 28 U.S.C.S.
§ 2254 (2018). (Docket No. 47.) Petitioner
raises claims of ineffective assistance of counsel and
the petition contains exhausted and unexhausted claims,
Respondent moved the Court to dismiss the petition while
Petitioner pursues state post-conviction relief on the
unexhausted claims. (Docket No. 49.) Respondent
opposes dismissal, arguing instead for a Rhines
stay. (Docket No. 52.)
Court denies dismissal and grants a Rhines stay.
March 18, 2010 Petitioner sentenced in Utah state court.
January 10, 2013 Utah Court of Appeals affirmed conviction.
State v. Patterson, 2013 UT App 11, 294 P.3d 662.
May 16, 2013 Utah Supreme Court denied certiorari review.
State v. Patterson, 304 P.3d 469 (Utah 2013)
August 14, 2014 Federal habeas petition filed and pending
here (brought pro se)
October 22, 2015 This Court appoints pro bono counsel for
Petitioner. (Docket No. 23.)
October 28, 2016 State post-conviction petition filed and
November 2, 2016 Third Amended Petition filed in this Court.
(Docket No. 47.)
federal habeas petition “shall not be granted unless it
appears that . . . the applicant has exhausted the remedies
available in the courts of the State.” 28 U.S.C.S.
§ 2254(b)(1)(A) (2018); see also Rose v. Lundy,
455 U.S. 509, 522 (1982) (requiring total exhaustion).
Moreover, an inmate must present claims in ...