(HC) Valtierra v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HILEBERTO VALTIERRA, Case No. 1:24-cv-00778-KES-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO
DENY PETITIONER’S MOTION TO STAY
v. UNDER RHINES STEVE SMITH, (Doc. No. 4) Respondent. FINDINGS AND RECOMMENDATIONS TO
GRANT PETITIONER’S CONSTRUED
MOTION TO STAY UNDER KELLY (Doc. No. 20) FOURTEEN-DAY OBJECTION PERIOD
19 Petitioner Hileberto Valtierra (“Petitioner”), a state prisoner, initiated this action by constructively filing1 a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 on June 26, 2024. (Doc. No. 1, “Petition”). Petitioner accompanied his Petition with a “motion to request for stay and abeyance of mixed federal habeas petition.” (Doc. No. 4, “Motion”). After being directed by the Court, Respondent filed a response to the Motion on August 21, 2024. …