Bathen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BENJAMIN LEE BATHEN, Case No.: 20cv2063-MMA(MSB)

Petitioner,

REPORT AND RECOMMENDATION FOR

v. ORDER GRANTING PETITIONER’S

MOTION TO STAY

KATHLEEN ALLISON, Secretary,

Department of Corrections and [ECF NO. 3] Rehabilitation, et al., 16 Respondents. 17 18 This Report and Recommendation is submitted to United States District Judge Michael M. Anello pursuant to 28 U.S.C § 636(b) and Civil Local Rules 72.1(d) and HC.2 of the United States District Court for the Southern District of California. On October 20, 2020, Petitioner filed a Petition for Writ of Habeas Corpus (“Petition”). (ECF No. 1 (“Pet.”).) On October 21, 2020, Petitioner filed a “Motion to Stay Proceedings Pending Exhaustion of State Remedies and to Hold this Action in Abeyance.” (ECF No. 3 (“Mot. Stay”).) The Court has considered the motion to stay and the record as a whole. For the reasons set forth below, the Court…