Lizarraga

(HC) McCavitt v. Lizarraga

Good Law
United States District Court, Eastern District of CaliforniaFebruary 6, 20202:19-cv-01180California1,380 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUAH BRANDON McCAVITT, No. 2:19-cv-01180 JAM GGH P Petitioner, v. FINDINGS & RECOMMENDATIONS JOE LIZARRAGA, Respondent. 16 Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s December 2, 2019 motion to stay proceedings pending exhaustion of his fully unexhausted petition. ECF No. 13. This case, yet to be served on respondent, started out with a petition numbering approximately 55 claims in 153 pages. After a court order to streamline the petition, a First Amended Petition (FAP) was filed setting forth 9 claims. ECF No. 11. However, as noted in the court order following the FAP, it appeared that petitioner had not exhausted his nine present claims with the California Supreme Court. ECF No. 12 at e 2. In his motion to stay (filed on December 2, 2019), petitioner concedes as much, and believes that his recent…

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