Ramsey

(HC) Prince v. Ramsey

Good Law
United States District Court, Eastern District of CaliforniaDecember 14, 20202:20-cv-01962California546 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID SWANK PRINCE, No. 2: 20-cv-1962 TLN KJN P Petitioner, v. ORDER MICHAEL RAMSEY, Respondent. 16 Petitioner is a prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the petition, petitioner alleges that he was convicted of assault with a deadly weapon in Butte County Superior Court. The petition raises two claims: 1) ineffective assistance of counsel; and 2) violation of Brady v. Maryland, 373 U.S. 83 (1963). On November 9, 2020, the undersigned issued an order finding that petitioner’s claims were not exhausted. (ECF No. 6.) The undersigned granted petitioner thirty days to file a motion for stay and abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005). (Id.) On December 7, 2020, petitioner filed a motion to stay. (ECF No. 11.) After issuing the November 9, 2020 order, the undersigned reviewed the docket from the Butte County Superior…

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