Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SPENCER EARL ROGERS, No. 1:20-cv-00142-NONE-JDP Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR A STAY AND ABEYANCE AS

v. HAVING BEEN RENDERED MOOT CHRISTIAN PFEIFFER, (Doc. Nos. 6, 8, 9) Respondent. 16 In January 2020, Spencer Earl Rogers petitioned the court, through counsel, for a writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1.) Petitioner, who is currently incarcerated in state prison, was convicted of murder and sentenced to 25 years to life in the Kern County Superior Court in 2015. (Id. at 1, 7; Doc. No. 6 at 2.) On April 24, 2020, petitioner moved for a stay and abeyance of his federal habeas petition under Rhines v. Weber, 544 U.S. 269, 277 (2005) so that he could seek to exhaust his unexhausted sentencing claim in state court. (Doc. No. 6.) Finding petitioner’s reasoning and supporting showing to be insufficient to justify the granting of a stay, on June 11, 2020 the 25 …