Warden

(HC) Eastman v. Warden

Good Law
United States District Court, Eastern District of CaliforniaOctober 3, 20242:24-cv-01107California484 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY TODD EASTMAN, Case No. 2:24-cv-01107-TLN-JDP (HC) Petitioner, ORDER v. GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

WARDEN, PAUPERIS Respondent. ECF Nos. 6 FINDINGS AND RECOMMENDATIONS THAT PETITIONER’S MOTION FOR A

RHINES STAY BE DENIED

18 ECF No. 7

FOURTEEN DAY DEADLINE FOR

OBJECTIONS 21 22 Petitioner, a state prisoner, brings this action under section 2254. ECF No. 1. The petition is deficient because, as he concedes in his subsequently filed motion for a stay under Rhines v. Weber, 544 U.S. 269 (2005), it contains only unexhausted claims. ECF No. 7. The motion for stay is also deficient because a Rhines stay is available only for petitions that are “mixed” and contain both exhausted and unexhausted claims. See Jones v. McDaniel, 320 F. 28 App’x 784, 786 (9th Cir. 2009) (“A…

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