Pollard
(HC) Rackley v. Pollard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LOY LOUIS RACKLEY, No. 2:21-cv-1784-EFB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
MARCUS POLLARD, Warden, Respondent. 16 On October 12, 2021, the court ordered a response from respondent with respect to petitioner’s filing of an application for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, wherein counsel for petitioner sought a stay and abeyance, setting forth exhausted claims concerning sufficiency of the evidence, with unexhausted claims pending in the California Supreme Court. ECF No. 5. Respondent does not oppose petitioner’s motion for a Rhines stay to exhaust the claims that petitioner has already raised and is currently pursuing in state court. ECF No. 8. Good cause appearing, petitioner’s motion for a stay and abeyance of the petition should be granted. Pursuant to Rhines v. Weber, 544 U.S. 269 (2005), petitioner shall notify the court within thirty days of the claims being…