Covello
(HC) Roessler v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LEE ROESSLER, Case No. 2:19-cv-02422-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS
THAT PETITIONER’S MOTION FOR STAY
v. BE DENIED AS UNNECESSARY PATRICK COVELLO, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 45 16 Petitioner Michael Less Roessler, a state prisoner represented by counsel, has filed a motion to stay this case pending resolution of state court proceedings. ECF No. 45. Respondent has filed an opposition, ECF No. 46, and petitioner has filed a reply, ECF No. 50. I recommend that petitioner’s motion be denied as unnecessary. Petitioner, while still proceeding pro se, filed this action and raised six claims: (1) that the trial court violated petitioner’s Sixth Amendment rights when, during jury deliberations, it removed a juror at the behest of the jury foreman; (2) that petitioner’s right to be tried by a fair and impartial jury was violated when the trial…