(HC) Vela v. Montgomery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANUEL A. VELA, No. 1:20-cv-00588-NONE-EPG-HC Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

W.L. MONTGOMERY, PETITIONER’S REQUEST TO FILE FIRST

AMENDED PETITION AND MOTION TO

Respondent. STAY, DIRECTING CLERK OF COURT TO

FILE FIRST AMENDED PETITION, AND

STAYING FIRST AMENDED PETITION (Doc. Nos. 5, 8, 10) 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 8, 2020, the assigned magistrate judge issued findings and recommendations recommending that petitioner’s request to file a first amended petition and granting petitioner’s request to stay the petition pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) be granted. (Doc. No. 10.) The findings and recommendations were served on petitioner and contained notice that any…