Pfeiffer
(HC) Rogers v. Pfeiffer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SPENCER EARL ROGERS, Case No. 1:20-cv-00142-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DENY PETITIONER’S MOTION FOR STAY
v. PENDING EXHAUSTION CHRISTIAN PFEIFFER, OBJECTIONS DUE IN THIRTY DAYS Respondent. ECF No. 6 ORDER DIRECTING CLERK OF COURT TO
ASSIGN CASE TO DISTRICT JUDGE
17 Petitioner Spencer Earl Rogers, a state prisoner with counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On April 24, 2020, petitioner moved for a stay under Rhines so that he could exhaust one of his claims at the state level. ECF No. 6. For the following reasons, we recommend that the court deny his motion to stay. Background In 2015, petitioner was convicted of murder and attempted murder and sentenced to life in prison without parole (“LWOP”). ECF No. 6 at 2. Petitioner directly appealed his conviction, arguing, inter alia, that the trial court…