(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, FINDINGS AND RECOMMENDATIONS TO
DENY PETITIONER’S MOTION FOR A
v. STAY AND ABEYANCE OF PETITION
MARTIN GAMBOA, (Doc. No. 12)
Respondent. FOURTEEN-DAY OBJECTION PERIOD 16 17 Petitioner Joaquin Miguel Balassa, a state prisoner proceeding pro se, initiated this action by filing a writ of habeas corpus under 28 U.S.C. § 2254 on February 26, 2021. (Doc. No. 1, Petition). In response, Respondent filed a motion to dismiss the Petition on April 30, 2021. (Doc. No. 7). Respondent seeks dismissal of the Petition, noting it is a mixed petition containing both exhausted and unexhausted claims. (Id.). In reply, Petitioner sought a stay and abeyance under Rhines. (Doc. No. 12). On June 9, 2021, after being ordered to respond to Petitioner’s motion to stay, Respondent filed a notice of opposition. (Doc. No. 14). Because Petitioner fails 25 …