Rios

Rios v. Frauenheim

Good Law
United States District Court, Northern District of CaliforniaFebruary 19, 20215:15-cv-01357California401 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ULYSSES ALEXANDER RIOS,

Case No. 15-01357 BLF (PR) Petitioner, ORDER DENYING MOTION FOR v. STAY; GRANTING THIRD EXTENSION OF TIME TO FILE

TRAVERSE

SCOTT FRAUENHEIM, Warden,

Respondent. (Docket No. 51)

17 Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction out of Santa Clara County. Respondent filed an answer on June 15, 2020. Dkt. No. 44. After being granted a second extension of time, Petitioner’s traverse was due by February 11, 2021. Dkt. No. 50. On February 8, 2021, Petitioner filed a motion for a motion for stay and abeyance under “Rhines v. Webber, 125 S. Ct. 1528 (2008),” stating that lack of access to the law library due to the pandemic makes it impossible for him to file a proper traverse. Dkt. No. 51. The motion for an indefinite…

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