Godwin

(HC) Cabrera v. Godwin

Good Law
United States District Court, Eastern District of CaliforniaMay 27, 20211:20-cv-01738California1,233 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OMAR CABRERA, Case No. 1:20-cv-01738-HBK Petitioner, ORDER GRANTING PETITIONER’S

MOTION TO STAY

v. (Doc. No. 3) RON GOODWIN, PEOPLE OF THE

STATE OF CALIFORNIA,

15 Respondent.

17 18 Petitioner Omar Cabrera, a state prisoner proceeding with counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2017 sentence and conviction entered by the Superior Court of Kings County. (Doc. No. 1). Before the court is Petitioner’s motion for a stay and abeyance under Rhines. (Doc. No. 3); Rhines v. Weber, 544 U.S. 269 (2005). The court ordered Respondents to respond to the motion to stay (Doc. No. 4), and Respondents filed a notice of non-opposition to Petitioner’s motion to stay. (Doc. No. 6). However, because Petitioner failed to address the requirements of Rhines in his motion, the court ordered him to show cause why his motion to stay should not be denied. (Doc. No. 7). On April 23, 2021, Petitioner responded to the order to…

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