Brugman

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL BRUGMAN, Case No.: 22cv1350-RBM(LR)

Petitioner,

REPORT AND RECOMMENDATION

v. RE: PETITIONER’S MOTION TO

STAY PROCEEDINGS

PATRICK EATON, et al.,

Respondents. [ECF No. 6] 16 17 This Report and Recommendation is submitted to United States District Judge Ruth B. Montenegro pursuant to 28 U.S.C § 636(b) and Civil Local Rules 72.1(d) and HC.2 of the United States District Court for the Southern District of California. Petitioner, a state prisoner represented by counsel, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”) on September 8, 2022, raising the single, exhausted claim that the trial court violated his federal constitutional right to due process under the Fourteenth Amendment because he was convicted of assault with a deadly weapon despite insufficient evidence. (See Pet., ECF No. 1 at 3, 6.) Petitioner concurrently filed a Memorandum in support of his…