Matteson
(HC) Saechao v. Matteson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAI FOU SAECHAO, No. 2:23-cv-00909-DAD-DB (HC) Petitioner, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
v. PETITIONER’S MOTION FOR A STAY UNDER RHINES v. WEBER, AND GISELLE MATTESON, GRANTING MOTION FOR A STAY AND ABEYANCE UNDER KELLY v. SMALL Respondent. (Doc. Nos. 7, 8, 11, 14)
17 Petitioner Lai Fou Saechao is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 29, 2023, the assigned magistrate judge issued findings and recommendations, recommending that petitioner’s amended motion for a stay and abeyance pursuant to the decision in Rhines v. Weber, 544 U.S. 269 (2005) (Doc. No. 7) be denied. (Doc. No. 8.) However, shortly thereafter, on September 18, 2023, the magistrate judge issued findings and recommendations, recommending that petitioner’s motion for a stay and abeyance pursuant to the decision in Kelly v. Small,…