(HC) Booker v. Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BOOKER, Case No. 2:20-cv-01894-NONE-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DENY PETITIONER’S MOTION TO STAY
v.
OBJECTIONS DUE IN THIRTY DAYS
J. LYNCH, ECF No. 9 Respondent.
16 Petitioner James Booker, a state prisoner without counsel, filed a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. I dismissed that petition with leave to amend on October 6, 2020 after finding that the petition appeared to contain only unexhausted claims. ECF No. 8 at 2. In a footnote, I also noted that petitioner’s claims might be time-barred. Id. at 2 n.1. My order gave petitioner thirty days to file an amended petition which addressed both issues. Id. at 2. As of this filing, petitioner has not filed an amended petition. He has, however, filed a motion to stay, ECF No. 9, which I recommend be denied without prejudice. Petitioner’s motion fails because there is no longer any petition to stay. As state above, I 25 …