Macomber
(HC) Wilburn v. Macomber
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 TERRENE LAMAR WILBURN, No. 2:24-cv-0500 WBS AC P Petitioner, v. ORDER JEFF MACOMBER, Respondent. 15 Petitioner has filed a motion to stay state court proceedings. ECF No. 23. The entirety of petitioner’s motion states: Petitioner, Terrence L. Wilburn: request that the UNITED STATES DISTRICT COURT for the EASTERN DISTRICT OF CALIFORNIA stay the proceedings in the State of California Superior Court for the County of California Case No. 21FE009379 and that this Court change petitioner’s mailing address to: 2701 K Street, Sacramento, CA 95816.” Id. (spelling corrected). For the following reasons, plaintiff’s motion is denied. “A justice or judge of the United States before whom a habeas corpus proceeding is pending” has authority and discretion to stay state court proceedings. 28 U.S.C. § 2251(a)(1). “Section 2251 does not mandate the entry of a stay, but dedicates the exercise of stay jurisdiction