Benavides

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOHN BENAVIDES, Case No. 21-cv-1186-BAS-RBM

Petitioner,

ORDER ADOPTING IN ITS

v. ENTIRETY THE REPORT AND

RECOMMENDATION ON

W.L. MONTGOMERY,

PETITIONER’S REQUEST FOR

Respondent. STAY

16 [ECF No. 12]

Petitioner John Benavides (“Petitioner”), a state prisoner proceeding pro se and in forma pauperis, commenced this habeas corpus proceeding by filing a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 (“AEDPA”) on June 28, 2021. (Pet., ECF No. 1.) Petitioner contemporaneously moved for a stay and abeyance of this proceeding so that he might have additional time to exhaust in state court two of his four claims for relief. (Mot., ECF No. 3.) Crucially, however, the Petition filed with this Court contains only two claims for relief, which the record demonstrates Petitioner already has exhausted. (See Notice of Lodgment, ECF No. 8.) Respondent W.L. …