Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD LACY LETNER, Case No. 1:18-cv-01459-NONE-SAB

Petitioner, DEATH PENALTY CASE

v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS GRANTING

RONALD DAVIS, Warden of San Quentin State MOTION FOR STAY AND ABEYANCE Prison, PENDING STATE EXHAUSTION PROCEEDINGS Respondent.

17 Petitioner Richard Lacy Letner, a state prisoner facing capital punishment, proceeds through appointed counsel Michael Snedeker and Lisa Short on the habeas corpus petition filed December 19, 2019 pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court is petitioner’s March 19, 2020 motion to stay federal proceedings pursuant to Rhines v. Weber, 544 U.S. 269 (2005), to allow state court exhaustion of claims and allegations in the mixed petition. Respondent Warden Ronald Davis, through counsel 25 …