(DP) Tobin v. Davis

Opinion

CHRISTOPHER ALLAN TOBIN, Case No. 1:18-cv-01375-NONE-SAB Petitioner, DEATH PENALTY CASE v. ORDER GRANTING PETITIONER’S UNOPPOSED MOTION FOR EXTENSION RONALD DAVIS, Warden of San Quentin OF TIME TO FILE MOTION FOR STAY State Prison, AND ABEYANCE Respondent.1 (ECF No. 43)

Before the Court is a motion brought by Petitioner, through counsel, Assistant Federal Defenders Samuel Sweeney and Karl Saddlemire, to extend the deadline for filing his motion for stay and abeyance pursuant to Rhines v. Webber, 544 U.S. 269 (2005) from June 26, 2021 to August 27, 2021. This extension of time is necessary due to Mr. Sweeney’s responsibilities in other matters, Mr. Saddlemire’s recent substitution- in as appointed co-counsel and consequent need to familiarize himself with the proceeding, and the California Supreme Court’s anticipated July 2021 decision in In Re Friend, S256914 providing guidance on the nature and scope of claims that remain suitable for a successive California habeas petition. 1 Ron Broomfield, Acting Warden of San Quentin State Prison, is substituted for Ronald Davis, former Warden of San Quentin State Prison, pursuant to Federal Rules of Civil Procedure 25(d). Mr. Sweeney represents that counsel for Respondent, Deputy Attorney General Galen Farris, does not object to the requested extension. The court finds good cause to grant the instant motion. Accordingly, Petitioner’s unopposed motion to extend the deadline for filing his motion for stay and abeyance pursuant to Rhines (ECF No. 43) is granted to and including August 27, 2021. g IT IS SO ORDERED. 2 ee g | Dated: _June 16, 2021 _ UNITED STATES MAGISTRATE JUDGE