Galvan

Galvan v. Montgomery

Good Law
United States District Court, Southern District of CaliforniaOctober 7, 20223:22-cv-00330California3,987 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JUAN GALVAN, Case No.: 22cv0330-GPC (MDD)

Petitioner,

ORDER GRANTING MOTION FOR

v.

STAY AND ABEYANCE

W. MONTGOMERY, Warden, [ECF NO. 3] Respondent. 15 16 Juan Galvan is a state prisoner proceeding pro se with a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) Currently pending before the Court is Petitioner’s Motion for a Stay and Abeyance (ECF No. 3), Respondent’s Opposition (ECF No. 10) and Petitioner’s Reply (ECF No. 13). The Petition, which was filed over two months before expiration of the federal one- year statute of limitations, presents several claims raised on direct appeal by Petitioner’s appointed state appellate counsel along with fifteen additional claims drafted by Petitioner pro se which apparently have not been raised in state court. (ECF No. 1 at 5-10, 49-135.) Petitioner requests this action be stayed and his Petition held in abeyance while he returns to state court to exhaust…

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