(HC)Castaneda

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISAAC SCOTT CASTANEDA, No. 1:20-cv-00377-NONE-JDP (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

STU SHERMAN, MOTION TO STAY Respondent. (Doc. Nos. 2, 14) 16 17 18 Petitioner Isaac Scott Castaneda is a state prisoner proceeding pro se and in forma 19 pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed 20 simultaneously on March 4, 2020, with a motion to stay and hold petition in abeyance. (Doc. 21 Nos. 1 & 2.) In his petition, petitioner argues new evidence in his case was discovered in 2017,1 22 namely contradictory statements made by the victim, including statements suggesting a motive to 23 fabricate. (Doc. No. 1.) Petitioner further argues that the evidence required a hearing in state 24 court under applicable law, which did not take place, and that the “culmination of errors of both

In his response to the magistrate judge’s order to show cause why his petition…