Torres

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIO TORRES, Case No. 20-cv-03159-PJH

Petitioner,

ORDER GRANTING MOTION TO

v. STAY AND ADMINISTRATIVELY

CLOSING CASE

SCOTT KERNAN, Re: Dkt. Nos. 8, 9 Respondent.

12 Petitioner, a former California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The original petition was dismissed with leave to amend and petitioner has filed a motion for a stay. BACKGROUND Petitioner states that he pled guilty on February 5, 2015, and was resentenced on October 3, 2018, without his knowledge or consent. Petition at 7. He states that during the resentencing, restitution was imposed. Id. According to 2015 the written plea agreement, petitioner initialed that he understood that conviction on the underlying charge would require him to pay restitution. Id. at 20. Petitioner is no longer in custody. Id. at 1. DISCUSSION …