Matteson

(HC) Herrera v. Matteson

Good Law
United States District Court, Eastern District of CaliforniaMarch 10, 20211:19-cv-01150California1,125 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO E. HERRERA, Case No. 1:19-cv-01150-NONE-HBK Petitioner, ORDER GRANTING PETITIONER’S

MOTION TO AMEND PETITION

v. (Doc. No. 19) ROBERT NOUSHMEN,

ORDER DISMISSING AS MOOT

Respondent. RESPONDENT’S MOTION TO DISMISS

AND PETITIONER’S MOTION TO STAY

16 (Doc. Nos. 11, 16)

ORDER REQUIRING RESPONSE TO

AMENDED PETITION FOR WRIT OF

HABEAS CORPUS, SETTING BRIEFING

SCHEDULE, AND DIRECTING SERVICE

OF DOCUMENTS

20 (Doc. No. 20) 21 I. FACTS AND BACKGROUND Petitioner Armando E. Herrera, a state prisoner, has pending a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). On May 12, 2020, respondent moved to dismiss the petition, arguing that because some of petitioner’s claims are unexhausted the petition is subject to dismissal. (Doc. No. 11). On June 4, 2020, petitioner moved for a stay and abeyance of his petition for the purpose…

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