(HC) Gonzalez v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE ALBERTO GONZALEZ, No. 2:24-cv-00810-DC-AC (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
STEVEN SMITH, (Doc. Nos. 13, 20, 23) Respondent.
16 Petitioner Jose Alberto Gonzalez is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 1, 2024, the assigned magistrate judge issued findings and recommendations recommending that: (i) Respondent’s motion to dismiss the petition for federal habeas relief because it is a mixed petition, containing both an exhausted claim and an unexhausted claim (Doc. No. 13) be granted; (ii) Petitioner’s motion for stay and abeyance (Doc. No. 20) be denied under the procedure of Rhines v. Weber, 544 U.S. 269 (2005), for lack of good cause shown; (iii) and this case be stayed under the procedure of…