Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CHRISTOPHER ALLAN TOBIN, Case No. 1:18-cv-01375-NONE-SAB

Petitioner, DEATH PENALTY CASE

v. FINDINGS AND RECOMMENDATIONS

OF UNITED STATES MAGISTRATE

RONALD DAVIS, Warden of San Quentin State JUDGE: MOTION FOR STAY AND Prison, ABEYANCE DURING PENDENCY OF STATE EXHAUSTION PROCEEDINGS Respondent.1

16 Before the Court is a motion, timely filed on August 27, 2021 by Petitioner Christopher Tobin through counsel, Assistant Federal Defenders Sam Sweeney and Karl Saddlemire, to stay federal proceedings pursuant to Rhines v. Weber, 544 U.S. 269 (2005), to allow state court exhaustion of Claims II, IV(E), XXV(C), and XLI in the mixed federal habeas corpus petition filed on September 26, 2019 pursuant to 28 U.S.C. § 2254. Respondent Warden Ronald Davis, through counsel, Deputy Attorney General Galen Farris, timely filed his opposition to the motion on October 6, 2021. Petitioner timely replied…