Anglea

(HC) Betz v. Anglea

Good Law
United States District Court, Eastern District of CaliforniaDecember 18, 20192:19-cv-00681California554 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD BETZ, No. 2:19-cv-00681-MCE-CKD P Petitioner, v. ORDER HUNTER ANGLEA, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis in this federal habeas corpus action filed pursuant to 28 U.S.C. § 2254. On November 25, 2019, this court issued Findings and Recommendations that petitioner’s habeas application be dismissed without prejudice as it contained wholly unexhausted claims for relief. Petitioner filed objections to this recommendation on December 16, 2019. Liberally construing petitioner’s objections, he seeks a stay and abeyance of his federal habeas petition in order to return to state court to properly exhaust his federal claims for relief. In light of the serious consequences of dismissal as well as petitioner’s pro se status, the court will sua sponte order supplemental briefing on petitioner’s request for a stay and abeyance and the applicability of a Rhines stay in the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.