Davis
(DP) Tobin v. Davis
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER ALLAN TOBIN, Case No. 1:18-cv-01375-NONE-SAB Petitioner, DEATH PENALTY CASE v. ORDER SCHEDULING
PETITIONER’S MOTION FOR
RONALD DAVIS, Warden of San Quentin STAY AND ABEYANCE State Prison, 15 Respondent.1 16 17
19 The record reflects that on August 27, 2021, Petitioner, through counsel, filed a motion for stay and abeyance pursuant to Rhines v. Webber, 544 U.S. 269 (2005). (ECF No. 45.) The motion has not been set for hearing. Accordingly, Respondent shall file his response to the instant motion by not later than thirty (30) days following the filed date of this order. Petitioner’s reply shall be filed by not later than fifteen (15) days from the filed date of the response. Thereupon, the matter shall be deemed 26 27 1 Ron Broomfield, Acting Warden of San Quentin State Prison, is substituted for Ronald Davis, former Warden of San Quentin State Prison, pursuant to Federal Rules of Civil Procedure 25(d). submitted and…