Davis

(DP) Contreras v. Davis

Good Law
United States District Court, Eastern District of CaliforniaOctober 27, 20231:19-cv-01523California950 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JORGE CONTRERAS, Case No. 1:19-cv-01523-JLT

Petitioner, DEATH PENALTY CASE

v. ORDER: (1) DISCHARGING ORDER TO

SHOW CAUSE, (2) DIRECTING PARTIES

RON BROOMFIELD, Warden of California TO FILE JOINT STATEMENT RE CLAIM State Prison at San Quentin, EXHAUSTION STATUS, and (3) HOLDING IN ABEYANCE PETITIONER’S MOTION Respondent. FOR RHINES STAY AND LEAVE TO AMEND

17 I. INTRODUCTION On September 7, 2023, Petitioner filed in this proceeding a Motion (1) to stay the case pursuant to Rhines v. Weber, 544 U.S. 269 (2005), to allow state court exhaustion of claims in his 28 U.S.C. § 2254 Petition filed August 1, 2023, and (2) for leave to amend the Petition upon conclusion of state exhaustion proceedings. (Doc. 129.) On October 4, 2023, the Court issued an Order that Respondent respond to Petitioner’s Motion and Show Cause why sanctions should…

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