(HC) Brown v. Warden of U.S.P. Atwater
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JABORIE BROWN, Case No. 1:20-cv-00233-SAB-HC
Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO STAY
v. (ECF No. 12) WARDEN OF U.S.P. ATWATER, Respondent.
16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On September 10, 2020, Respondent moved to stay the instant proceeding pending adjudication of Petitioner’s § 2255 motion, which is currently pending in the United States District Court for the Southern District of Florida. (ECF No. 12). To date, Petitioner has not filed any opposition or statement of non-opposition to the motion to stay, and the time for doing so has passed. Both the 28 U.S.C. § 2241 petition before this Court and the 28 U.S.C. § 2255 motion before the sentencing court filed by Petitioner raise similar claims based upon United States v. Davis, 139 S. Ct. 2319 (2019). (ECF No. 1; Ex. 2, ECF No. 13). Moreover, the § 2255 motion filed in the sentencing court…