Bathen v. Allison

9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA BENJAMIN LEE BATHEN, Case No.: 20-cv-2063-MMA (MSB) ORDER LIFTING STAY 13 Petitioner, v. [Doc. No. 9] KATHLEEN ALLISON, et al., 16 Respondents.

20 On February 10, 2021, the Court issued an order granting Petitioner’s motion to stay this action and hold it in abeyance pursuant to Rhines v. Webber, 544 U.S. 269 22 (2005). See Doc. No. 9. According to Petitioner’s May 24, 2021 status report, the California Supreme Court has denied his petition. See Doc. No. 10. He is not challenging that ruling via petition for writ of certiorari in the United States Supreme Court. See id. Accordingly, Petitioner has exhausted his pending state court claims.

26 The Court treats Petitioner’s status report as a motion to lift the stay. Having received no opposition, good cause appearing, the Court GRANTS the request and LIFTS the stay. All further matters in this habeas action remain referred to the assigned || magistrate judge who will issue a scheduling order in due course.

2 IT IS SO ORDERED.

3 Dated: May 26, 2021 4 White a - (dolls 5 HON. MICHAEL M. ANELLO ‘ United States District Judge