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-DAD-SCR (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
A. HIXTON, PETITIONER’S MOTION FOR A STAY UNDER RHINES v. WEBER, AND Respondent. GRANTING MOTION FOR A STAY AND ABEYANCE UNDER KELLY v. SMALL 16 (Doc. Nos. 2, 13) 17 Petitioner Tyrone Walker is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The 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 28, 2024, the previously assigned magistrate judge issued findings and recommendations recommending that: (i) the operative first amended petition for federal habeas relief be dismissed because it is a mixed petition, containing both an exhausted claim and an unexhausted claim; (ii) petitioner’s motion for stay and abeyance (Doc. No. 2) be…