Diaz

(HC) Peterson v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaJune 29, 20202:19-cv-01480California505 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD ANTHONY PETERSON, No. 2:19-cv-01480 WBS GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

RALPH M. DIAZ, 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. On November 12, 2019, respondent filed a motion to dismiss the petition as fully unexhausted. ECF No. 9. On January 21, 2020, in a filing labeled objections, petitioner requested a stay of these proceedings pending his exhaustion of state court remedies. ECF No. 18. On March 2, 2020, the undersigned directed petitioner to file a motion for stay in abeyance in accordance with Rhines v. Weber, 544 U.S. 269 (2005). ECF No. 22. The undersigned further ordered respondent to file an opposition or a notice of opposition to petitioner’s motion, and petitioner a reply, if any. Id. Petitioner was further ordered to immediately file a notice of exhaustion with this court if…

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