(HC) Cabrera v. Godwin

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA OMAR CABRERA, No. 1:20-cv-01738-HBK 12 Petitioner, ORDER DIRECTING RESPONDENT TO RESPOND TO PETITIONER’S MOTION TO 13 v. STAY RON GOODWIN, PEOPLE OF THE (Doc. No. 3) STATE OF CALIFORNIA, Respondent.

18 Petitioner Omar Cabrera, a state prisoner, has pending a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner paid the filing fee but moves for a stay 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 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 January 25, 2020. > | ITIS SO ORDERED.

Datea: January 4, 2021 oo. WN fared Yack 4 HELENA M. BARCH-KUCHTA ; UNITED STATES MAGISTRATE JUDGE