(HC) Balassa v. The People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOAQUIN MIGUEL BALASSA, Case No. 1:21-cv-00272-DAD-HBK Petitioner, ORDER DIRECTING RESPONDENT TO
RESPOND TO PETITIONER’S MOTION TO
v. STAY MARTIN GAMBOA, (Doc. No. 12) Respondent. ORDER DIRECTING CLERK OF COURT TO
SUBSTITUTE RESPONDENT
16 Petitioner Joaquin Miguel Balassa, a state prisoner proceeding pro se, initiated this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2016 conviction entered by the Superior Court in Kern County (case no. BF-156910A). (Doc. No. 1). Respondent moved to dismiss the petition, arguing that some of Petitioner’s claims are unexhausted, subjecting the petition to dismissal. (Doc. No. 7). Incorporated within Petitioner’s objections to Respondent’s motion to dismiss is Petitioner’s motion for a stay and abeyance of his petition under Rhines. (Doc. No. 12); Rhines v. Weber, 544 U.S. 269 (2005). Prior to ruling on 24…