Benhoff
Benhoff v. Sherman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THOMAS MICHAEL BENHOFF, Case No.: 3:19-cv-02191-GPC-MDD
12 Petitioner, ORDER ADOPTING THE REPORT AND RECOMMENDATION v.
DENYING RESPONDENT’S
14 STU SHERMAN, Warden, MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS [ECF NO. 7] Respondent. 17 On November 18, 2019, Petitioner Thomas Michael Benhoff (“Petitioner” or “Benhoff”), a California probationer proceeding pro se and in forma pauperis (“IFP”), filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. (ECF Nos. 1, 2.) The Court granted the IFP motion on November 21, 2019. (ECF No. 3.) On December 12, 2019, Respondent moved to dismiss Mr. Benhoff’s Petition on the basis that he had failed to exhaust his remedies in state court. (ECF No. 7.) On January 17, 2020, Petitioner filed a response in opposition to the motion to dismiss asking the Court to stay his Petition and hold it in abeyance. (ECF…