Neuschmid

(HC) Williams v. Neuschmid

Good Law
United States District Court, Eastern District of CaliforniaSeptember 30, 20212:18-cv-00989California2,858 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VERNON RAY WILLIAMS, No. 2:18-cv-0989 MCE AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERT NEUSCHMID, Respondent. 16 Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before the court are respondent’s motion to dismiss and petitioner’s motion for discovery and for personnel records. ECF Nos. 16, 23. In an unsolicited surreply opposing the motion to dismiss, petitioner requests a stay of these proceedings pending exhaustion of state court remedies. ECF No. 21 at 2. For the reasons stated below, petitioner’s motion for discovery will be denied. In addition, the undersigned will recommend that petitioner’s motion to stay these proceedings be denied and that respondent’s motion to dismiss be granted. I. BACKGROUND On March 4, 2015, petitioner was convicted of corporal injury to a spouse or cohabitant in violation of California Penal Code § 273.5(a) and of assault causing…

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