Peery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH VINCENT WARD, No. 2:21-cv-2220 DAD KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS SUZANNE M. PEERY, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a fully exhausted petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2018 conviction for murder. This case was briefed and submitted for decision on March 17, 2022. Subsequently, on January 9, 2023, petitioner filed a motion for stay and abeyance under Rhines v. Weber, 544 U.S. 269, 276 (2005). Petitioner also filed a motion to compel discovery. As discussed below, the undersigned recommends that both motions be denied. Motion for Stay and Abeyance Legal Standards Exhaustion of State Court Remedies The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). A petitioner satisfies the exhaustion requirement…