Covello

(HC) Caylor v. Covello

Good Law
United States District Court, Eastern District of CaliforniaMay 31, 20232:22-cv-01896California3,703 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY MICHAEL CAYLOR, No. 2:22-cv-01896-DJC-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS P. COVELLO, Respondent. 16 Petitioner is a state prisoner proceeding pro se in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is petitioner’s motion for a stay and abeyance and respondent’s motion to dismiss petitioner’s mixed § 2254 application. ECF Nos. 5, 14. Respondent has filed an opposition to the motion for a stay and abeyance. For the reasons discussed below, the undersigned recommends that petitioner’s motion for a stay and abeyance be granted in part and denied in part. Based on this recommendation, it is further recommended that respondent’s motion to dismiss be denied without prejudice to raising the statute of limitations defense once the stay of this case is lifted. I. Factual and Procedural History Petitioner was convicted following a jury trial in…

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