Prince

Prince v. Davis

Good Law
United States District Court, Southern District of CaliforniaMay 17, 20213:16-cv-00871California3,029 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CLEOPHUS PRINCE, JR., Case No.: 16cv00871 BAS (KSC)

Petitioner,

DEATH PENALTY CASE

v.

ORDER:

RONALD DAVIS, Warden of San

Quentin State Prison (1) GRANTING PETITIONER’S MOTION Respondent. TO TEMPORARILY LIFT STAY,

REOPEN CASE TO PERMIT

AMENDMENT, AND RE-ENTER STAY OF PROCEEDINGS [ECF No. 65];

(2) GRANTING PETITIONER’S MOTION

FOR LEAVE TO FILE AMENDMENT TO

20 PETITION [ECF No. 66] 21 The instant federal habeas proceeding is presently stayed pursuant to Rhines v. Weber, 544 U.S. 269 (2005), pending the exhaustion of state court remedies. (See December 31, 2019 Order, ECF No. 50.) Petitioner moves to temporarily lift the stay, reopen the case to amend the federal petition and re-enter the stay; he also moves for leave to file an amendment to the federal petition. (ECF Nos. 65, 66.) For the reasons discussed below, the Court GRANTS Petitioner’s…

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