(HC) Cabrera v. Godwin ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR CABRERA, No. 1:20-cv-01738-HBK 12 Petitioner, ORDER DIRECTING RESPONDENT TO RESPOND TO PETITIONER’S MOTION TO 13 v. STAY 14 RON GOODWIN, PEOPLE OF THE (Doc. No. 3) STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Petitioner Omar Cabrera, a state prisoner, has pending a pro se petition for writ of habeas 19 corpus under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner paid the filing fee but moves for a stay 20 and abeyance of his petition under Rhines. (Doc. No. 3); Rhines v. Weber, 544 U.S. 269 (2005). 21 The Court has not yet directed Respondent to file a response to the Petition. Prior to ruling on 22 Petitioner’s motion, the Court will direct Respondent to respond to Petitioner’s motion. 23 Respondent need not address the merits of the Petition in its response to the motion to stay. 24 Accordingly, 25 Respondent shall file a response to Petitioner’s motion to stay (Doc. No. 3) no later than 26 January 25, 2020. 27 28 1 > | ITIS SO ORDERED. Datea: January 4, 2021 oo. WN fared Yack 4 HELENA M. BARCH-KUCHTA ; UNITED STATES MAGISTRATE JUDGE 7 8 9 10 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28