(HC) Balassa v. The People of the State of California

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA JOAQUIN MIGUEL BALASSA, Case No. 1:21-cv-00272-DAD-HBK 12 Petitioner, ORDER DIRECTING RESPONDENT TO RESPOND TO PETITIONER’S MOTION TO 13 v. STAY MARTIN GAMBOA, (Doc. No. 12) 15 Respondent. ORDER DIRECTING CLERK OF COURT TO SUBSTITUTE RESPONDENT 17 Petitioner Joaquin Miguel Balassa, a state prisoner proceeding pro se, initiated this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2016 conviction entered by the Superior Court in Kern County (case no. BF-156910A). (Doc. No. 1).

20 Respondent moved to dismiss the petition, arguing that some of Petitioner’s claims are unexhausted, subjecting the petition to dismissal. (Doc. No. 7). Incorporated within Petitioner’s objections to Respondent’s motion to dismiss is Petitioner’s motion for a stay and abeyance of his petition under Rhines. (Doc. No. 12); Rhines v. Weber, 544 U.S. 269 (2005). Prior to ruling on Respondent’s motion to dismiss, the court will direct Respondent to respond to Petitioner’s motion to stay. Respondent need not address the merits of the Petition in its response to the motion to stay.

26 Further, Respondent requests that the court substitute Martin Gamboa, warden of Avenal State Prison, as the Respondent in this case. (Doc. No. 7 at 1). “The federal habeas statute straightforwardly provides that the proper respondent to a habeas petition is ‘the person who has | custody over [the petitioner].’” Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004) (quoting 28 U.S.C. | § 2242); see also § 2243 (“The writ, or order to show cause shall be directed to the person having || custody of the person detained”). Therefore, the court will order the clerk of court to substitute | Martin Gamboa as the Respondent in this case.

5 Accordingly, 6 1. Respondent shall file a response to Petitioner’s motion to stay (Doc. No. 12) no later 7 than June 9, 2021.

8 2. The clerk of court shall substitute Martin Gamboa as the Respondent in this case. (Doc.

9 No. 7).

Wl IT IS SO ORDERED.

Dated: May 26, 2021 Mihaw. Wh. foareh Zaskth 13 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE