Pfeiffer

(HC) Rogers v. Pfeiffer

Good Law
United States District Court, Eastern District of CaliforniaJune 11, 20201:20-cv-00142California2,143 words

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…

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