Martel

(HC)(DP) Maury v. Martel

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20202:12-cv-01043California2,368 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT EDWARD MAURY, No. 2:12-cv-1043 WBS DB Petitioner, DEATH PENALTY CASE v. RONALD DAVIS, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a condemned state prisoner proceeding through counsel with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Before the court is petitioner’s motion for an extension of the stay of these proceedings and motion for equitable tolling. For the reasons set forth below, this court will recommend both motions be granted. BACKGROUND On March 24, 2017, petitioner filed his reply to the answer to petitioner’s October 24, 2012 habeas petition. Two months later, this court granted petitioner’s counsel’s motion to withdraw and appointed the Office of the Federal Defender for the Eastern District of California as counsel for petitioner. (ECF No. 161.) In February 2019, this court granted the motion of the Federal Defender to withdraw. …

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