Muro

Muro v. Gipson

Good Law
United States District Court, Southern District of CaliforniaOctober 3, 20223:22-cv-00550California488 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTONIO MURO, Case No.: 22cv550-LL-DDL

Petitioner,

ORDER ADOPTING REPORT AND

v. RECOMMENDATON DENYING

PETITIONER’S MOTION FOR

CONNIE GIPSON, et al.,

STAY AND ABEYANCE AS MOOT

Respondents. [ECF No. 13] 16 17 On April 20, 2022, Antonio Muro (“Petitioner”), a California state prisoner proceeding pro se, filed a petition for writ of habeas corpus (“Petition”) pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner filed a motion for stay and abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005). ECF No. 4. On August 19, 2022, Magistrate Judge Jill L. Burkhardt issued a Report and Recommendation (“R&R”), recommending that the Court deny Petitioner’s motion for stay and abeyance as moot because Petitioner exhausted his claims with the California Supreme Court and now satisfied the exhaustion requirement with respect to both claims presented in his Petition. ECF No. 13.…

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