Muniz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JESUS RICARDO CASTANEDA, ) Case No.: 1:19-cv-01327-JLT (HC) ) Petitioner, ) ORDER GRANTING MOTION FOR STAY AND ) ABEYANCE v. ) ) (Doc. 2) W.L. MUNIZ, Chief Deputy Warden, ) Respondent. ) [SIXTY DAY DEADLINE] ) )

On September 23, 2019, Petitioner filed the instant petition for writ of habeas corpus challenging his 2014 conviction in Tulare County Superior Court for first degree murder and discharge of a firearm causing great bodily injury. After conducting a preliminary review of the petition, it is apparent that the petition is unexhausted. Petitioner, however, requests a stay of the proceedings pending exhaustion in the state courts. As discussed below, the Court will grant a stay of proceedings. DISCUSSION I. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to conduct a preliminary review of each…