Cates

(DP) Cowan v. Cates

Good Law
United States District Court, Eastern District of CaliforniaDecember 8, 20211:19-cv-00745California694 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ROBERT WESLEY COWAN, Case No. 1:19-cv-00745-DAD

Petitioner, DEATH PENALTY CASE

v. ORDER (1) DIRECTING PARTIES TO

MEET AND CONFER AND ADVISE THE

RONALD DAVIS, Warden of San Quentin COURT ON EXHAUSTION ISSUES, and State Prison, (2) HOLDING IN ABEYANCE PETITIONER’S MOTION FOR FEDERAL Respondent. STAY PENDING STATE EXHAUSTION 16

18 On November 5, 2021, petitioner Robert Wesley Cowan moved through appointed counsel, Assistant Federal Defenders Jennifer Mann and Alyssa Mack, to stay these federal habeas proceedings pursuant to Rhines v. Weber, 544 U.S. 269 (2005), so that petitioner may present to the state court four allegedly unexhausted subclaims asserted in his first amended federal habeas corpus petition which was filed pursuant to 28 U.S.C. § 2254 on that same day. Respondent Warden Ronald Davis, through his counsel Deputy Attorney General Lewis Martinez, timely filed his response to…

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