(HC) Magee v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LOUIS MAGEE, JR., No. 1:21-cv-01598-KES-HBK (HC) Petitioner, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
v. PETITIONER’S MOTION FOR STAY AND
ABEYANCE
OAK SMITH, Acting Warden, (Docs. 28, 30) Respondent. 16 Petitioner Louis Magee, Jr. is a state prisoner proceeding pro se with a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Doc. 1. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 2, 2023, petitioner moved for stay and abeyance of his federal petition to pursue unexhausted state habeas remedies. Doc. 28. On July 25, 2023, the assigned magistrate judge issued findings and recommendations that recommended petitioner’s motion for stay and abeyance be denied. Doc. 30. The magistrate judge noted that petitioner had failed to identify any claim that he intended to exhaust in state court. Id. at 4. The…