Kevin A. Brown v. Jim Robertson

United States District Court for the Eastern District of California

Kevin A. Brown v. Jim Robertson

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN A. BROWN, No. 2:20-cv-0991-KJM-SCR 12 Petitioner, 13 v. ORDER 14 JIM ROBERTSON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas 18 corpus under

28 U.S.C. § 2254

. The matter was referred to a United States Magistrate Judge as 19 provided by

28 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 20 On October 6, 2025, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25

602 F.2d 207, 208

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 26 novo. See Britt v. Simi Valley Unified School Dist.,

708 F.2d 452

, 454 (9th Cir. 1983). The court 27 has reviewed the file and finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 64) are adopted. 3 2. Petitioner’s request for a Rhines stay in order to exhaust his pretrial Faretta claim in 4 || state court is granted. 5 3. Petitioner is directed to file a status report with this court every 90 days indicating 6 || what step(s) he has taken to exhaust his state court remedies with respect to his pretrial Faretta 7 || claim. 8 4. Petitioner is further ordered to file a motion to lift the stay of this case within 30 days 9 || from the date of any decision by the California Supreme Court on state habeas review. 10 | DATED: November 13, 2025. oUt STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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