Benhoff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 THOMAS MICHAEL BENHOFF, Case No.: 19cv2191-GPC-MDD

Petitioner,

REPORT AND

v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE

STU SHERMAN, Warden,

RE: MOTION TO STAY

Respondent. [ECF No. 19] 16 This Report and Recommendation is submitted to United States District Judge Gonzalo P. Curiel pursuant to 28 U.S.C. § 636(b)(1) and Civil Local Rule 72.1(c) of the United States District Court for the Southern District of California. On August 4, 2020, Thomas Michael Benhoff (“Petitioner”), a California probationer filed an ex parte motion to stay parole, or alternatively to be released on bail, pending the outcome of these habeas corpus proceedings on the merits. (ECF No. 19 (“Mtn.”)). Respondent filed a response in opposition [ECF No. 27 (“Oppo.”)], to which Petitioner replied [ECF No. 28 (“Reply”)]. For the reasons stated herein, the Court I. …