(HC)Zamora v. Lynch ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SANTIAGO MANUEL ZAMORA, Case No. 1:24-cv-00040-CDB 12 Plaintiff, ORDER DIRECTING RESPONDENT TO RESPOND TO PETITIONER’S MOTION TO 13 v. STAY, SETTING BRIEFING SCHEDULE, AND DIRECTING SERVICE OF 14 JEFF LYNCH. DOCUMENTS 15 Respondent. (Doc. 2) 16 21- DAY DEADLINE 17 18 Petitioner Santiago Manuel Zamora (“Petitioner”), represented by counsel, is a state 19 prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed 20 on January 9, 2024. (Doc. 1). That same day, Petitioner also filed a motion to stay pursuant to 21 Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), or in the alternative pursuant to Rhines v. Weber, 22 544 U.S. 269 (2005). (Doc. 2). Petitioner seeks to have claim two, to the extent it alleges 23 prosecutorial misconduct other than a Brady violation, and claim five dismissed from the 24 petition, without prejudice, while he exhausts his remedies in state court on those claims. Id. at 25 3. 26 The Court has conducted a preliminary review of the petition. See R. Governing § 2254 27 Cases (“2254 Rules”) 4; 28 U.S.C. § 2243. Since Petitioner may be entitled to relief if the 1 | to petitioner’s habeas petition. See 28 U.S.C. § 2243. The Court will also direct Respondent to 2 | file a response to the motion for stay. Should Respondent not oppose the motion for stay, the 3 | Court will deem such notice of non-opposition as a request for an extension of time to respond 4 | to the habeas corpus petition. In that circumstance, the Court will rule on the motion for stay and 5 | direct further briefing as necessary on the underlying habeas petition. 6 Accordingly, it is HEREBY ORDERED: 7 1. No later than 21 days from the date of entry of this Order, Respondent shall file a 8 response to Petitioner’s motion to stay. (Doc. 2). 9 2. Upon resolution of Petitioner’s motion to stay (Doc. 2), if appropriate, Respondent 10 shall have thirty (30) days thereafter to file a response to the petition (Doc. 1) and 11 show cause why the petition should not be granted. A response may be one of the 12 following: 13 (A) An answer addressing the merits of the petition. This response may not 14 exceed fifty (50) pages in length without the Court’s leave. Any answer shall be 15 accompanied by all transcripts and other documents relevant to the issues presented 16 in the petition. See 2254 Rule 5. 17 (B) A motion to dismiss the petition. This limited response must include only 18 portions of the state record necessary for the court to decide the bar to a merits review. 19 3. The Clerk of Court is directed to send an electronic copy of this order to the Attorney 20 General of the State of California, and to mail a copy of this order to Petitioner. 21 | IT IS SO ORDERED. ** | Dated: _ January 22, 2024 | Wr Pr 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28