Bathen
Bathen v. Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BENJAMIN LEE BATHEN, Case No.: 20-cv-2063-MMA (MSB)
ORDER MODIFYING AND
Petitioner, ADOPTING IN PART REPORT AND v. RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; KATHLEEN ALLISON, et al., [Doc. No. 7]
Respondents. GRANTING PETITIONER’S
MOTION TO STAY
16 [Doc. No. 3] 17 18 On October 21, 2020, Benjamin Lee Bathen (“Petitioner”) filed a habeas corpus petition pursuant to 28 U.S.C. § 2254, challenging his 2018 conviction for three counts of making criminal threats. See Doc. No. 1. That same day, Petitioner filed a motion to stay proceedings pending exhaustion of state remedies and to hold this action in abeyance. See Doc. No. 3. Respondents filed a statement of non-opposition. See Doc. No. 6. United States Magistrate Judge Michael S. Berg issued a detailed and well-reasoned Report, recommending that the Court grant Petitioner’s…