(HC) Balassa v. The People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaAugust 13, 20211:21-cv-00272California4,573 words

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 …

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