Martinez

(HC) Maine v. Martinez

Good Law
United States District Court, Eastern District of CaliforniaMay 11, 20201:20-cv-00303California928 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH HASKELL MAINE, Case No. 1:20-cv-00303-NONE-JDP Petitioner, ORDER DISCHARGING ORDER TO SHOW

CAUSE

v. ECF No. 6 NDOH,

ORDER GRANTING PETITIONER’S

Respondent. MOTION FOR A STAY AND ABEYANCE

OF PETITION

16 ECF No. 7 17 Petitioner Joseph Haskell Maine, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On April 15, 2020, we ordered petitioner to show cause why his petition should not be dismissed for failure to exhaust two of his claims at the state-level. ECF No. 6. On May 4, 2020, petitioner moved for a stay and abeyance to exhaust his claims. ECF No. 7. For good cause shown, we will discharge our order to show cause and grant petitioner’s motion for a stay and abeyance. Discussion Petitioner seeks a stay and abeyance under the Rhines procedure. See Rhines v. Weber, 544 U.S. 269, 277 (2005). “Staying a federal habeas petition frustrates AEDPA’s objective of 27 …

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