Patterson
(HC) Silva v. Patterson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HELIODORO A. SILVA, No. 1:20-cv-01442-NONE-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION
TO DENY PETITIONER’S MOTION FOR
v. STAY [Doc. 21] GIGI PATTERSON, Warden, [TWENTY-ONE DAY OBJECTION Respondent. DEADLINE]
17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. DISCUSSION On October 9, 2020, Petitioner filed a habeas petition challenging his 2016 conviction in Merced County Superior Court for multiple murders and kidnapping. On December 7, 2020, Respondent filed a motion to dismiss for failure to exhaust state remedies. (Doc. 10.) On April 1, 2021, the Court granted Respondent’s motion to dismiss claims 7 through 13 for failure…