Reyes

Reyes v. Lizzaraga

Good Law
United States District Court, Northern District of CaliforniaAugust 3, 20223:18-cv-04388California3,174 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUVENAL ANGEL REYES, Case No. 18-cv-04388-EMC

Petitioner,

ORDER GRANTING PETITIONER’S

v. REQUEST TO STAY PROCEEDINGS,

AND DENYING RESPONDENT’S

JOE LIZZARAGA, MOTION TO DISMISS Respondent. Docket No.

12 13 I. INTRODUCTION Petitioner Juvenal Angel Reyes is currently serving a sentence for life without parole and a consecutive term of four years for convictions on eight counts in Santa Clara County Superior Court. He filed a federal habeas corpus petition with this Court, as well as an amended petition. Docket Nos. 1, 35. Mr. Reyes acknowledges that several of the claims in his amended petition have not been exhausted in state court, and, therefore, the amended petition is a “mixed petition.” Docket No. 35 (“Am. Pet.”) ¶ 8. He requests the Court to employ the stay-and-abeyance procedure, pursuant to Rhines v. Weber, 544 U.S. 269 (2005), to permit him to exhaust his …

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