Lee Roy Miller v. Tammy Foss

Case 2:19-cv-03414-AB-PD Document Filed 02/23/ Page 1 of Page ID #:428

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:19-cv-03414-AB-PD Date: February 23, 2022 Title Lee Roy Miller v Tammy Foss

Present: The Honorable: Patricia Donahue, United States Magistrate Judge

Isabel Martinez N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent:

N/A N/A

Proceedings: (In Chambers) Order to Show Cause Why Stay Should Not Be Vacated

I. Pertinent Procedural History

On April 26, 2019, Petitioner filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 challenging his state court conviction for second degree murder. [Dkt. No. 1.] On May 21, 2019, Respondent filed a Motion to Dismiss the Petition, arguing that all claims raised by Petitioner were unexhausted. [Dkt. No. 8.] On June 24, 2019, Petitioner filed a Motion for Stay and Abeyance and Opposition to Motion to Dismiss, in which he sought to have this action stayed and…