Tyler

(HC) Ramos v. Tyler

Good Law
United States District Court, Eastern District of CaliforniaAugust 7, 20242:24-cv-00946California822 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SALVADOR RAMOS, No. 2:24-CV-0946-DAD-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS THOMAS TYLER, Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner's motion for an order staying the case and holding further proceedings in abeyance pending exhaustion of his claims in state court. See ECF No. 10. Respondent does not oppose a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002), but opposes a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005). See ECF No. 11. This action proceeds on the original petition filed on March 27, 2024. See ECF No. 1. Petitioner raises one claims, specifically that the evidence was insufficient to warrant a conviction for criminal threats. See id. at 22-27. In his motion for a stay-and-abeyance order, Petitioner requests a stay…

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