(HC)Garza
(HC)Garza v. Phillips
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANGEL M. GARZA, Case No. 1:23-cv-01723 JLT SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
v. PETITIONERS’ MOTION FOR A STAY
TAMMY CAMPBELL, Warden, (Docs. 38, 39)
Respondent. 16 Angel M. Garza 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. Petitioner requests the petition be stayed and the matter held in abeyance for him to exhaust his state remedies. (Doc. 38.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge found Petitioner failed to show good cause for his failure to exhaust. (Doc. 39 at 2.) In addition, the magistrate judge found that to the extent Petitioner sought to claim actual innocence to Count 15, rape with bodily injury, such a claim was untimely. (Id. at 31.) Further, the magistrate…