(HC) Brown v. Warden of U.S.P. Atwater

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 JABORIE BROWN, Case No. 1:20-cv-00233-SAB-HC

12 Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO STAY

13 v. (ECF No. 12) 14 WARDEN OF U.S.P. ATWATER, 15 Respondent.

16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2241. 19 On September 10, 2020, Respondent moved to stay the instant proceeding pending 20 adjudication of Petitioner’s § 2255 motion, which is currently pending in the United States 21 District Court for the Southern District of Florida. (ECF No. 12). To date, Petitioner has not filed 22 any opposition or statement of non-opposition to the motion to stay, and the time for doing so 23 has passed. 24 Both the 28 U.S.C. § 2241 petition before this Court and the 28 U.S.C. § 2255 motion 25 before the sentencing court filed by Petitioner raise similar claims based upon United States v. 26 Davis, 139 S. Ct. 2319 (2019). (ECF No. 1; Ex. 2, ECF No. 13). Moreover, the § 2255 motion 27 filed in the sentencing court…