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CUNNINGHAM v. KELLY

Case No. 3:04-cv-0261-SI.

423 F.Supp.3d 1034 (2019)

Clinton CUNNINGHAM, Petitioner, v. Brandon KELLY, Superintendent, Oregon State Penitentiary, Respondent.

United States District Court, D. Oregon.

Signed November 8, 2019.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus - Stay of Execution
Nature of Suit: 535 Prisoner Petitions: Habeas Corpus (Death Penalty)
Source: PACER

Attorney(s) appearing for the Case

C. Renee Manes , San Antonio, and Oliver W. Loewy , Boise, Assistant Federal Public Defender, Office of the Federal Public Defender, 101 SW Main Street, Suite 1700, Portland OR 97204. Of Attorneys for Petitioner.

Ellen F. Rosenblum , Attorney General, James M. Aaron , Joathan N. Schildt , and Timothy A. Sylwester , Salem, Assistant Attorney General, Department of Justice, 1162 Court Street NE, Salem, OR 97301. Of Attorneys for Respondent.

OPINION AND ORDER

Petitioner moves the Court pursuant to Rhines v. Weber, 544 U.S. 269, 277-78, 125 S.Ct. 1528, 161 L.Ed.2d 440 (2005), to stay this federal death penalty habeas action and hold it in abeyance while he returns to state court to raise and exhaust constitutional...

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