Biter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RACARDO JACKSON, No. 2:14-cv-2268 MCE DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS MARTIN BITER, Respondent. 16 Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Presently before the court is respondent’s motion for stay of the District Court’s order granting petitioner’s petition for writ of habeas corpus. (ECF No. 72.) For the reasons set forth below, the court will recommend that the motion be granted. I. Background The undersigned issued findings and recommendations on the merits of petitioner’s § 2254 petition on June 29, 2020. (ECF No. 59.) Therein, it was recommended that the petition be granted on the bases that: (1) the prosecutor’s questions and argument regarding petitioner’s post- Miranda silence violated petitioner’s Fifth Amendment rights, and (2) petitioner’s Sixth Amendment right to the effective assistance…