Andes

Shawn C. Brown v. Chance Andes

Good Law
United States District Court, Eastern District of CaliforniaOctober 14, 20252:24-cv-00742California467 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN C. BROWN, No. 2:24-cv-0742 DC CKD P Petitioner, v. ORDER AND CHANCE ANDES, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Respondent filed an answer on April 2, 2025. Petitioner has not filed a reply. Instead, petitioner asks that the court stay this matter so that petitioner can present additional claims in California courts which he would raise here if denied. Respondent opposes the request for a stay. Good cause appearing, the court will recommend that the motion for stay be granted pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). Once plaintiff has exhausted state court remedies, he may either proceed on the claims before the court or file a motion for leave to amend. By granting a stay, the court makes no representation that any claims not presently before…

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