McDowell
(HC) Roberts v. McDowell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONTERIO MAURICE ROBERTS, No. 2: 20-cv-0872 KJN P Petitioner, v. ORDER NEIL McDOWELL, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion to stay this action in order to exhaust additional claims. (ECF No. 5.) For the reasons stated herein, petitioner is ordered to show cause why his motion to stay should not be denied. This action proceeds on petitioner’s original petition filed April 29, 2020. (ECF No. 1.) Petitioner challenges his 2016 conviction for murder from Sacramento County. (Id.) The petition raises the following claims. In claim one, petitioner alleges that the trial court committed jury instruction error by instructing the jury on landlord/tenant law which had no bearing on the relevant issues. (Id. at 17.) In claim two, petitioner alleges that the trial court…