Lovejoy

Lovejoy v. Pallares

Good Law
United States District Court, Southern District of CaliforniaAugust 18, 20223:22-cv-00267California2,490 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 11 DIANA LOVEJOY, Case No.: 3:22-cv-00267-L-KSC

Petitioner,

ORDER GRANTING PETITIONER’S

vs. APPLICATION FOR STAY AND

ABEYANCE PENDING

MICHAEL PALLARES, Warden,

EXHAUSTION IN STATE COURT

Respondent. [Doc. No. 2]

Petitioner, a state prisoner, has filed a Petition for Writ of Habeas Corpus, which includes eleven claims. [Doc. No. 1.] Petitioner represents that she has fully exhausted four of these claims in the state court system and that seven of her claims have not yet been exhausted. [Doc. No. 1, at pp. 6-17; Doc. No. 2, at pp. 4-5.] This matter is now before the Court on petitioner’s Application to Hold Federal Habeas Petition in Abeyance Pending Exhaustion of Potentially Dispositive Issues in State Court. [Doc. No. 2.] Petitioner argues that stay and abeyance of her Petition is proper under Rhines v. Weber, 544 U.S. 269 (2005), because her unexhausted claims…

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