Saddozai
Saddozai v. Allen
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 SHIKEB SADDOZAI, Case No. 5:22-cv-05202-EJD
Plaintiff, ORDER DENYING PETITIONER’S
MOTION FOR A STAY AND
v. ABEYANCE
TRENT ALLEN, Re: Dkt. No. 3 Defendant.
On September 12, 2022, Petitioner, a state prisoner confined at Salinas Valley State Prison, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state conviction. Dkt. No. 1. Shortly thereafter, Petitioner filed a motion to stay, seeking to hold his federal petition in abeyance while Petitioner exhausts his remedies in state court. Mot. for a Kelly Stay (“Motion”), Dkt. No. 3. For the reasons discussed below, the Court DENIES Petitioner’s request. I. BACKGROUND On June 14, 2017, a jury found petitioner guilty of attempted willful, deliberate, and premeditated murder using a deadly and dangerous weapon within the meaning of Cal. Penal Code § 12022(b)(1) in violation of…