Davis
(DP) Brown v. Davis
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
STEVEN ALLEN BROWN, Case No. 1:19-cv-01796-ADA
Petitioner, DEATH PENALTY CASE
v. ORDER RE MOTION TO HOLD
FEDERAL PROCEEDINGS IN
OAK SMITH, Warden of the California ABEYANCE DURING PENDENCY OF State Prison at San Quentin, STATE EXHAUSTION PROCEEDINGS 15 Respondent.1
17 On December 12, 2022, counsel for petitioner moved for a stay of this federal habeas proceeding pursuant to Rhines v. Weber, 544 U.S. 269 (2005), so that he may present the state court with unexhausted claims contained in the federal habeas corpus petition filed pursuant to 28 U.S.C. § 2254, on September 30, 2022.2 3 Respondent Warden Oak Smith, through counsel, filed his opposition to the motion on 23 1 Oak Smith, acting warden of San Quentin State Prison since January 2023, is substituted as respondent in place of his predecessor wardens. Fed. R. Civ. P. 25(d).
2 Petitioner states the unexhausted claims are claims 1, 2, 3, 4, 5a, 5b, 5c, 5d, 5e, 5f, 6, 7, 8, 9, 10, 11,…