(HC) Blackwell v. People of the United States of CA

Good Law
United States District Court, Eastern District of CaliforniaMarch 31, 20252:25-cv-00032California2,081 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COSTELLO BLACKWELL, No. 2:25-cv-0032 CSK P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

PEOPLE OF THE UNITED STATES OF

CALIFORNIA,

15 Respondent.

17 Petitioner, a county jail inmate proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the Northern District of California. Petitioner paid the filing fee. The case was transferred here and received by this Court on January 3, 2025. (ECF No. 13.) Petitioner challenges his 2021 conviction for the attempted murder of Teiquon Cortez, assault with a firearm, personal use of a firearm during the assault, and discharge of a firearm causing great bodily injury during the attempted murder. (ECF No. 6 at 2, 3, 5, 7.) On March 21, 2025, petitioner filed a motion for stay and abeyance pursuant to Rhines v. Weber, 544 U.S. 269, 277-78 (2005). As discussed below, petitioner’s motion for stay should be denied. I. EXHAUSTION STANDARDS The…

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