Cates

(HC) West v. Cates

Good Law
United States District Court, Eastern District of CaliforniaMay 17, 20222:21-cv-00410California644 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 JERRY WEST, JR., Case No. 2:21-cv-00410-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT PETITIONER’S MOTION TO STAY

v. BE GRANTED BRIAN CATES, ECF No. 10 Respondent. 14 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. On April 26, 2021, I screened his petition and found that neither of the two claims presented was cognizable. ECF No. 6 at 2. I offered him a chance to file an amended petition and directed the Clerk of Court to send him a federal habeas form. Id. When he did not file an amended petition within the deadline, I entered an order to show cause why this action should not be dismissed for failure to prosecute. ECF No. 7. After an extension of time, petitioner submitted a document styled as both a response to my order to show cause and a request to stay this case. ECF No. 10. I find that a stay under Kelly v. Small, 315 F.3d 1063…

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