(HC)Garza
(HC)Garza v. Phillips
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANGEL M. GARZA, No. 1:23-cv-01723-JLT-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION
TO DENY MOTION FOR STAY
v. [Doc. 38] TAMMY CAMPBELL, Warden, [21-DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s motion to stay the proceedings in this action under Rhines v. Weber, 544 U.S. 269, 277 (2005). For reasons that follow, the Court will recommend that Petitioner’s motion for stay be DENIED. I. PROCEDURAL BACKGROUND On January 12, 2018, a Kings County jury found Petitioner guilty of 14 felonies involving molestation of his young daughter over a three-year period. (Doc. 34-47 at 1-6.) Petitioner was sentenced to an indeterminate prison term of 55 years to life for committing sodomy on a child under 10 years old, and he was sentenced to a determinate term of 127 years and…