Dragasits

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEPHEN JOSEPH DRAGASITS, Case No.: 3:21-cv-1459-CAB-MDD

Petitioner,

ORDER: (1) GRANTING

v. RESPONDENT’S MOTION TO DISMISS (ECF No. 6) AND PATRIC COVELLO, Warden,

Respondent. (2) DENYING PETITIONER’S

MOTION FOR STAY AND

16 ABEYANCE AS MOOT (ECF No. 2) 17

I. INTRODUCTION On August 17, 2021, Petitioner Stephen Joseph Dragasits (“Petitioner” or “Dragasits”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his conviction on two counts of shooting at an occupied vehicle and two counts of assault with a deadly weapon. Pet, ECF No. 1 at 2. On the same day, Petitioner also filed a Motion for Stay and Abeyance. Mot., ECF No. 2. The Court issued a scheduling order on the Motion for Stay on August 18, 2021. ECF No. 4. On September 22, 2021, Respondent filed an Opposition to the Motion for Stay and in it, also moved for the…