Lozano

(HC) Montgomery v. Lozano

Good Law
United States District Court, Eastern District of CaliforniaDecember 17, 20202:20-cv-00515California341 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRY LEE MONTGOMERY, No. 2:20-cv-0515 JAM AC P Petitioner, v. FINDINGS & RECOMMENDATIONS JARED LOZANO, et al., Respondents. 16 Petitioner, a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, has filed a motion for a stay. ECF No. 17. The motion seeks a stay on the ground that petitioner currently has an SB620 petition pending in state court. Id. The undersigned has already issued Findings and Recommendations which recommend dismissal of the petition because it fails to state any cognizable claims for relief. ECF No. 7. Because the resolution of the state court petition would not cure the defects identified in the Findings and Recommendations, the request for stay should be denied. Accordingly, IT IS HEREBY RECOMMENDED that petitioner’s motion for a stay, ECF No. 17, be DENIED. These findings and recommendations are submitted to the United States…

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