Belfield
Belfield v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TONY MAURICE BELFIELD, Case No. 19-cv-05819-HSG Petitioner, ORDER GRANTING MOTION TO
DISMISS HABEAS PETITION DUE TO
v. ONGOING STATE COURT
PROCEEDINGS; DENYING REQUEST
M.E. SPEARMAN, TO STAY Respondent. Re: Dkt. Nos. 17, 18, 19 12 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Now pending before the Court is respondent’s motion to dismiss the petition due to ongoing state court proceedings. Dkt. No. 17. Petitioner has requested that the Court stay this action, rather than dismiss it. Dkt. Nos. 18, 19. For the reasons set forth below, the Court GRANTS the motion to dismiss and DENIES the requests to stay this action. BACKGROUND In 2016, a Contra Costa County Superior Court jury found petitioner guilty of murder (Cal. Penal Code § 187), shooting at a person from a motor vehicle (Cal. Penal Code §…