Locatelli
(HC) Lund v. Locatelli
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ERIC CURTIS LUND, No. 2:21-cv-01831 KJM DB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
IZEN LOCATELLI, et al., Respondents. 15 Petitioner, a state prisoner proceeding through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner argues he is entitled to habeas relief because: (1) favorable evidence was suppressed by the prosecution in violation of Brady v. Maryland; (2) petitioner was denied effective assistance of counsel; and (3) prosecutorial misconduct denied petitioner a fair trial. (ECF No. 7 at 7, 10, 39.) The current operative petition is the First Amended Petition (“FAP”) filed on November 4, 2021. (ECF No. 7.) Presently before the court is petitioner’s motion for stay. (ECF No. 3.) Therein, petitioner seeks a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005), while petitioner seeks to exhaust unexhausted claims in state court. (Id.) By order…