(HC) Rogers v. Montgomery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANDRE MARQUIS ROGERS, No. 2:20-cv-2421 AC P Petitioner, v. ORDER AND FINDINGS &
RECOMMENDATIONS
WARREN L. MONTGOMERY, Respondent. 16 Petitioner, a state prisoner proceeding through counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. Background On December 7, 2020, petitioner filed his original petition, which contained two grounds for relief. ECF No. 1. On December 18, 2020,1 he filed a first amended petition that added three more grounds for relief, all of which are admittedly unexhausted. ECF No. 4. At the same time, he filed a motion for stay and abeyance under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003). ECF No. 5. For the reasons explained below, the undersigned recommends that the motion for stay be denied. //// 27 On December 22, 2020, petitioner filed another copy of the amended petition, which fixed defects with counsel’s signature. ECF No. 6. …