Cisneros

(HC) McGraw v. Cisneros

Good Law
United States District Court, Eastern District of CaliforniaJune 24, 20212:21-cv-00176California530 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH W. McGRAW, No. 2:21-cv-00176 WBS GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS CISNEROS, Warden, Respondent. 16 Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion to stay proceedings pursuant to Rhines v. Weber, 544 U.S. 269 (2005). ECF No. 11. Review of petitioner’s motion to stay reveals petitioner is seeking to challenge his 1992 conviction in the Placer County Superior Court. Upon initial screening by the court, petitioner’s original petition presented a claim relating to a denial of a trial transcript by the trial court. Compare ECF No. 1, with ECF No. 7, and ECF No. 11. However, petitioner’s new assertions inform the court that petitioner seeks to pursue a habeas action challenging his 1992 conviction. The court’s records reveal that petitioner has previously filed an application…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.