Attchley

(HC) Poslof v. Attchley

Good Law
United States District Court, Eastern District of CaliforniaDecember 23, 20241:21-cv-00339California957 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LONNIE LEE POSLOF, JR., ) Case No.: 1:21-cv-0339 JLT HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS AND DENYING v. ) PETITIONER’S MOTION FOR STAY AND ) ABEYANCE M. ATTCHLEY, Warden, ) ) (Docs. 28, 32) Respondent. ) ) ) Lonnie Lee Poslof, Jr., a state prisoner, is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) Petitioner seeks stay of “all proceedings in this action” under the doctrine articulated in Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), asserting there is an action pending in Merced County Superior Court involving “identical issues to those involved in this action.” (Doc. 28 at 1-2.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The assigned magistrate judge observed that Petitioner initiated this action with the filing of…

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