(HC)Zamora

(HC)Zamora v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaJanuary 22, 20241:24-cv-00040California528 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SANTIAGO MANUEL ZAMORA, Case No. 1:24-cv-00040-CDB

Plaintiff, ORDER DIRECTING RESPONDENT TO

RESPOND TO PETITIONER’S MOTION TO

v. STAY, SETTING BRIEFING SCHEDULE,

AND DIRECTING SERVICE OF

JEFF LYNCH. DOCUMENTS

Respondent. (Doc. 2)

16 21- DAY DEADLINE 17 Petitioner Santiago Manuel Zamora (“Petitioner”), represented by counsel, is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed on January 9, 2024. (Doc. 1). That same day, Petitioner also filed a motion to stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), or in the alternative pursuant to Rhines v. Weber, 544 U.S. 269 (2005). (Doc. 2). Petitioner seeks to have claim two, to the extent it alleges prosecutorial misconduct other than a Brady violation, and claim five dismissed from the petition, without prejudice, while he exhausts his remedies in state court on those claims. Id. at 25 …

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