Cisneros

(HC) Washington v. Cisneros

Good Law
United States District Court, Eastern District of CaliforniaAugust 27, 20212:21-cv-01072California439 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GUYLAND DESHEAY WASHINGTON, No. 2:21-cv-1072 JAM AC P Petitioner, v. ORDER THERESA CISNEROS, Respondent. 16 Petitioner, a state prisoner proceeding in forma pauperis and with counsel, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 1, 2021, petitioner filed a motion to stay and abey his federal habeas petition pursuant to Rhines v. Weber, 544 U.S. 269 (1995) and Pace v. DiGuglielmo, 544 U.S. 408 (2005) in order to exhaust state court remedies with respect to what he states are two constitutional issues. See generally ECF No. 8 at 3-9. In the motion, petitioner further asserts that the resolution of either issue in his favor will render these proceedings moot. See id. at 2-3. Respondent has no objection to the stay, and in light of the motion, has asked the court to 26 …

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