(HC) Allen v. Matteson

United States District Court for the Eastern District of California

(HC) Allen v. Matteson

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COLUMBUS ALLEN, JR., No. 2:23-cv-02706-KJM-EFB (HC) 12 Petitioner, 13 v. ORDER 14 G. MATTESON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed this habeas action on November 20, 18 2023, challenging a July 2023 resentencing judgment for a 2010 conviction. ECF No. 1; see ECF 19 No. 13. Petitioner subsequently filed two motions to stay this action pending his appeal of the 20 new sentence in state court, citing the relevant doctrine in Younger v. Harris,

401 U.S. 37

(1971). 21 ECF Nos. 5 & 6. On January 21, 2025, respondent filed a statement of non-opposition to both 22 motions, reasoning that a stay seemed appropriate during appellate proceedings that may affect 23 this action. ECF No. 13. The undersigned agrees, and good cause appearing, will grant 24 petitioner’s request to stay this federal habeas action until his state appeals have concluded. 25 Accordingly, it is ORDERED that: 26 1. Petitioner’s unopposed motions to stay this action (ECF Nos. 5 & 6) are GRANTED; 27 2. The Clerk of Court shall administratively STAY this action until further notice; and 28 //// 1 3. Petitioner shall notify this court and respondent no later than thirty days after state 2 appellate proceedings conclude and any new judgment becomes final. 3 4 | Dated: February 10, 2025 Wltin □□ EDMUND F, BRENNAN 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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