Covello

(HC) Morales v. Covello

Good Law
United States District Court, Eastern District of CaliforniaJuly 1, 20201:20-cv-00894California1,172 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SONNY JAMES MORALES, Case No. 1:20-cv-00894-JDP Petitioner, ORDER TO SHOW CAUSE WHY MOTION

FOR STAY AND ABEYANCE SHOULD

v. NOT BE DENIED A. COVELLO, RESPONSE DUE IN SIXTY DAYS Respondent. ECF No. 1 16 17 Petitioner Sonny James Morales, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. This matter is before us for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, a district court must dismiss a habeas petition if it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Here, petitioner states one fully exhausted claim for relief: that the evidence at trial was insufficient to support his conviction. ECF No. 1 at 5-6. Also before us is petitioner’s motion for a stay and…

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