Sanchez
Sanchez v. Martinez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NAKUNTA SANCHEZ, Case No.: 3:23-cv-01561-WQH-AHG
Petitioner,
ORDER REQUIRING RESPONSE
v. FROM RESPONDENT KELLY MARTINEZ, et al., Respondents. On September 25, 2023, Petitioner filed a motion to stay, seeking “to stay federal proceedings until state remedies are exhausted” under Rhines v. Weber, 544 U.S. 269 (2005). ECF No. 4. On October 30, 2023, Respondent filed a “statement of no opposition to [Petitioner’s] motion for stay.” ECF No. 6. On November 22, 2023, Petitioner filed a reply, addressing the Rhines factors. ECF No. 8; see ECF No. 7 (requiring that Petitioner file a reply, reiterating that “in order to warrant a stay, the Rhines factors must be met”). On December 5, 2023, Petitioner requested to withdraw his motion to stay, explaining that the California Supreme Court denied his appeal on November 15, 2023, “thus fulfilling the exhaustion requirement.” ECF No. 9. As such, the Court requires…