Beason

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARLON F. BEASON, Case No.: 21cv2052-GPC(RBB)

Petitioner,

ORDER DENYING REQUEST FOR

v. STAY AND ABEYANCE ORDER AS

MOOT [ECF NO. 2];

DANNY SAMUEL, Warden,

Respondent. ORDER REQUIRING RESPONSE

TO FIRST AMENDED PETITION

16 (28 U.S.C. § 2254) 17 On December 8, 2021, Marlon F. Beason, a state prisoner proceeding through counsel, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 against Respondent Danny Samuel, Warden [ECF No. 1]. Petitioner simultaneously filed a Request for Stay and Abeyance Order [ECF No. 2]. For the reasons set forth herein, the Court DENIES the Request for Stay and Abeyance Order as MOOT and issues an Order Requiring Response to Petition. I. FACTUAL AND PROCEDURAL BACKGROUND Petitioner was convicted of robbery (count one). (Pet. 6, ECF No. 1.) The trial court found allegations regarding priors to be true. (Id.) Beason pleaded…