Broomfield
(HC) (DP) Barnett v. Broomfield
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE MAX BARNETT, No. 2:99-CV-2416-JAM-DMC-P Petitioner, DEATH PENALTY CASE v. RON BROOMFIELD, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a state prisoner proceeding with counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The instant motion relates to Petitioner’s third amended petition, ECF No. 183. Petitioner asks the Court to hold these proceedings in abeyance while his fourth state habeas petition is adjudicated. See ECF No. 397, pgs. 8-9. Pending before the Court are Petitioner’s motion for an order staying this proceedings, ECF No. 397, Respondent’s opposition, ECF No. 399, and Petitioner’s reply, ECF No. 400. For the reasons discussed below, the undersigned recommends that Petitioner’s motion for a stay be granted, and that consideration of the third amended petition be held in abeyance pending resolution of Petitioner’s fourth state court habeas petition. /…