(HC) Booker v. Lynch

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES BOOKER, Case No. 2:20-cv-01894-NONE-JDP 12 Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITIONER’S MOTION TO STAY

13 v.

OBJECTIONS DUE IN THIRTY DAYS

14 J. LYNCH, ECF No. 9 15 Respondent.

16 17 Petitioner James Booker, a state prisoner without counsel, filed a writ of habeas corpus 18 under 28 U.S.C. § 2254. ECF No. 1. I dismissed that petition with leave to amend on October 6, 19 2020 after finding that the petition appeared to contain only unexhausted claims. ECF No. 8 at 2. 20 In a footnote, I also noted that petitioner’s claims might be time-barred. Id. at 2 n.1. My order 21 gave petitioner thirty days to file an amended petition which addressed both issues. Id. at 2. As 22 of this filing, petitioner has not filed an amended petition. He has, however, filed a motion to 23 stay, ECF No. 9, which I recommend be denied without prejudice. 24 Petitioner’s motion fails because there is no longer any petition to stay. As state above, I 25 …