Cisneros

(HC) Herrera v. Cisneros

Good Law
United States District Court, Eastern District of CaliforniaJuly 22, 20221:22-cv-00703California357 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAIME HERRERA, No. 1:22-cv-0703 JLT SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND

v. DENYING PETITIONER'S MOTION

FOR A STAY

TERESA CISNEROS, Warden, (Docs. 2, 6) Respondent. 16 Jaime Herrera is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner moved for the action to be stayed and his petition to be held in abeyance pending exhaustion of additional claims pursuant to Rhines v. Weber, 544 U.S. 269, 277 (2005). (Doc. 2.) The assigned magistrate judge found Petitioner failed to show good cause for the stay, and recommended the motion be denied. (Doc. 6.) The Findings and Recommendations included a notice that any objections thereto were to be filed within 21 days of service. (Doc. 6 at 3.) In addition, the Court advised Petitioner that the “failure to file objections within the specified…

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