Hixton
(HC) Walker v. Hixton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRONE WALKER, No. 2:23-cv-02711 DB P Petitioner, v. ORDER AND A. HIXTON, FINDINGS AND RECOMMENDATIONS Respondent.
17 Petitioner, a state prisoner, proceeds pro se and seeks to proceed in forma pauperis. Petitioner has filed an application for writ of habeas corpus under 28 U.S.C. § 2254 and a motion to stay this proceeding and hold it in abeyance while petitioner exhausts state court remedies on grounds for relief. For the reasons that follow, the undersigned will recommend petitioner’s motion for a stay and abeyance be denied under the procedure of Rhines v. Weber, 544 U.S. 269, 271 (2005), and granted under the procedure in Kelly v. Small, 315 F.3d 1063, 1071 (9th Cir. 2003), overruled in part on other grounds by Robbins v. Carey, 481 F.3d 1143 (9th Cir. 2007). I. Background a. State Criminal Conviction and Postconviction Proceedings Petitioner challenges his 2020…