Ruoff
Ruoff v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSHUA RICHARD RUOFF, Case No. 22-cv-01207-JST
Petitioner,
ORDER GRANTING STAY
v. 9 Re: ECF No. 8 PATRICK COVELLO, et al., Respondents.
12 Petitioner Joshua Richard Ruoff has filed a motion to stay his federal habeas petition pending the completion of exhaustion proceedings in state court. ECF No. 8. The Court will grant the motion. I. BACKGROUND On June 29, 2018, a jury found Ruoff guilty of first-degree murder and use of a deadly weapon. ECF No. 1 at 21-22. Ruoff was sentenced of to a term of 26 years to life. Id. The California Court of Appeal affirmed the judgment and sentence, and the California Supreme Court denied his petition for review. Id. After the California Supreme Court denied his petition, Ruoff filed a federal petition for a writ of habeas corpus, which raised two exhausted and six unexhausted claims. Id. at 22. Ruoff now seeks a Rhines stay, or in the alternative, a Kelly stay to allow him to complete state court exhaustion…