Benhoff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THOMAS MICHAEL BENHOFF, Case No.: 19-cv-2191-GPC-MDD

Petitioner,

ORDER ADOPTING THE REPORT

v. AND RECOMMENDATION AND

DENYING PETITIONER’S MOTION

STU SHERMAN, Warden,

TO STAY

Respondent. [ECF Nos. 19, 30]

17 On August 4, 2020, Petitioner Thomas Michael Benhoff (“Petitioner”) filed an Ex Parte Motion to stay parole, or alternatively to be released on bail, pending the outcome of the habeas corpus proceedings on the merits (“Motion”). ECF No. 19. Respondent filed an Opposition to the Motion on August 14, 2020, ECF No. 27, and Petitioner filed a Reply to the Opposition on August 17, 2020, ECF No. 28. On September 1, 2020, the Honorable Magistrate Judge Mitchell D. Dembin issued a Report and Recommendation (“R&R”), which recommended that Petitioner’s Motion be denied. ECF No. 30. Petitioner filed an Objection to the R&R on September 15, 2020. ECF No. 31. In the Objection, Petitioner stated…