(HC)Zamora
(HC)Zamora v. Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SANTIAGO MANUEL ZAMORA, Case No. 1:24-cv-00040-CDB (HC)
Petitioner, FINDINGS AND RECOMMENDATIONS TO
DENY PETITIONER’S MOTION TO STAY,
v. GRANT RESPONDENT’S MOTION TO DISMISS
AND DISMISS PETITION FOR WRIT OF
JEFF LYNCH, HABEAS CORPUS WITHOUT PREJUDICE
Respondent. (Docs. 2, 6)
FOURTEEN-DAY DEADLINE
17 Clerk of the Court to Assign District Judge
On January 9, 2024, Petitioner Santiago Manuel Zamora (“Petitioner”), represented by counsel, filed a petition for writ of habeas corpus by a person in state custody and a motion for stay pending exhaustion of state court remedies. (Docs. 1-2). Petitioner requests a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) (“Kelly”) and, in the alternative, Rhines v. Weber, 544 U.S. 269 (2005) (“Rhines”) while he exhausts state court remedies. (Doc. 2). On January 22, 2024, the Court ordered the petition to be served on Respondent and ordered Respondent to file a…