Brugman
Brugman v. Eaton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL BRUGMAN, Case No.: 3:22-cv-1350-RBM-LR
Petitioner,
ORDER:
v. (1) ADOPTING REPORT AND
RECOMMENDATION
PATRICK EATON, (2) DENYING STAY UNDER Respondent. RHINES AND GRANTING
STAY PURSUANT TO KELLY
16 (3) STAYING CASE 17 [Docs. 6, 9] 18 19 Petitioner, a state prisoner represented by counsel, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Presently before the Court is Petitioner’s Application to Hold Federal Habeas Petition in Abeyance Pending Exhaustion of Issues in State Court (“Motion to Stay”). (Doc. 6.) Respondent filed a Response that does not oppose the granting of a stay, but asserts the stay should be granted under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) and King v. Ryan, 564 F.3d 1133 (9th Cir. 2009) rather than under Rhines v. Weber, 544 U.S. 269 (2005) as requested by Petitioner. (Doc. 8.) Magistrate Judge Lupe Rodriguez, Jr. issued…