(HC)Tran

(HC)Tran v. Baughman

Good Law
United States District Court, Eastern District of CaliforniaSeptember 1, 20202:17-cv-01925California1,650 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKY VAN TRAN, No. 2:17-cv-1925 JAM KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS DAVID BAUGHMAN, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus challenging his 2012 conviction. On February 11, 2020, the undersigned recommended that the original petition be denied. On April 25, 2020, petitioner’s motions to amend1 and for stay were denied without prejudice. Petitioner has now renewed his motion to stay, and also filed a notice of exhaustion. As set forth below, petitioner’s motion for stay should be denied. Plaintiff’s Unexhausted Claim In his notice, petitioner claims that on May 11, 2020, petitioner filed his petition for writ of habeas corpus in the California Supreme Court. (ECF No. 27.) Petitioner states that he seeks

1 If a new petition is filed when a previous habeas petition is still pending before the district court without a decision…

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