Bathen v. Allison
- Proceeding
- district
- Area
- civil
- Panel
- Michael M. Anello (author)
Analysis
The court considered a status report from the petitioner indicating that his state court proceedings had concluded and he was not seeking certiorari. The court granted the request to lift the stay on the action and referred the case back to the magistrate judge.
| What the court decided | The model |
|---|---|
Motion to lift stay granted“the Court GRANTS the request and LIFTS the stay.” | agree with court The stay was originally granted under Rhines v. Webber to allow the petitioner to exhaust state remedies. The petitioner's status report confirms that the state court denied his petition and he is not seeking certiorari, meaning the condition for the stay (pending state proceedings) has ended. Lifting the stay is the correct procedural step to resume the federal habeas action. |
The order itself: sound — The order correctly identifies that the basis for the stay (pending state proceedings) has been resolved. It cites the correct authority (Rhines v. Webber) for the initial stay and logically concludes that the stay should be lifted now that exhaustion is complete. The reasoning is sufficient for a procedural order of this nature.
Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 BENJAMIN LEE BATHEN, Case No.: 20-cv-2063-MMA (MSB) 12 ORDER LIFTING STAY 13 Petitioner, v. [Doc. No. 9] 14 KATHLEEN ALLISON, et al., 15 16 Respondents. 17 18 19 20 On February 10, 2021, the Court issued an order granting Petitioner’s motion to 21 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 23 California Supreme Court has denied his petition. See Doc. No. 10. He is not 24 challenging that ruling via petition for writ of certiorari in the United States Supreme 25 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 27 received no opposition, good cause appearing, the Court GRANTS the request and 28 LIFTS the stay. All further matters in this habeas action remain referred to the assigned 1 || 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28