(HC) (DP) Jones v. Broomfield ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY GERARD JONES, No. 2:97-CV-2167-MCE-DMC 12 Petitioner, 13 v. DEATH PENALTY CASE 14 RON BROOMFIELD, FINDINGS AND RECOMMENDATIONS 15 Respondent. 16 17 Petitioner, a state prisoner proceeding with appointed counsel, brings this petition 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s 19 motion, ECF No. 156, for reconsideration of the District Judge’s March 30, 2016, order at ECF 20 No. 148 denying Petitioner’s motion for an order staying the case and holding further proceedings 21 in abeyance pending resolution of ongoing proceedings in state court. Respondent has filed a 22 statement of non-opposition to Petitioner’s motion. See ECF No. 158. Respondent concedes that 23 a stay-and-abeyance order is appropriate under Kelly v. Ryan, 564 F.3d 1133 (9th Cir. 2009) and 24 Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). 25 Given the parties’ agreement on the issue, and in light of intervening state court 26 proceedings in which Petitioner has been declared permanently incompetent and resentenced to 27 life without the possibility of parole, the Court recommends that Petitioner’s unopposed motion 28 be granted and that the District Judge enter a stay-and-abeyance order. 1 Based on the foregoing, the undersigned recommends that: 2 1. Petitioner’s unopposed motion, ECF No. 156, for reconsideration of the 3 | District Judge’s March 30, 2016, order be granted; and 4 2. The District Judge enter an order staying the case and holding further 5 || proceedings on the merits of any of Petitioner’s claims in abeyance pending further order of the 6 | Court. 7 These findings and recommendations are submitted to the United States District 8 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 9 | after being served with these findings and recommendations, any party may file written objections 10 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 11 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 12 | Yist, 951 F.2d 1153 (9th Cir. 1991). 13 |) Dated: February 1, 2022 Ssvcqo_ DENNIS M. COTA 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28