Macomber
(HC) Wilburn v. Macomber
Opinion
trial_court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TERRENE LAMAR WILBURN, No. 2:24-cv-0500 WBS AC P 11 Petitioner, 12 v. ORDER 13 JEFF MACOMBER, 14 Respondent. 15 16 Petitioner has filed a motion to stay state court proceedings. ECF No. 23. The entirety of 17 petitioner’s motion states: 18 Petitioner, Terrence L. Wilburn: request that the UNITED STATES DISTRICT COURT for the EASTERN DISTRICT OF CALIFORNIA stay the proceedings in 19 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 20 Street, Sacramento, CA 95816.” 21 Id. (spelling corrected).1 For the following reasons, plaintiff’s motion is denied. 22 “A justice or judge of the United States before whom a habeas corpus proceeding is 23 pending” has authority and discretion to stay state court proceedings. 28 U.S.C. § 2251(a)(1). 24 “Section 2251 does not mandate the entry of a stay, but dedicates the exercise of stay jurisdiction