Bearup v. Shinn

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Patrick Wade Bearup, No. CV-16-03357-PHX-SPL 10 Petitioner, ORDER 11 v. DEATH PENALTY CASE 12 Ryan Thornell, et al., 13 Respondents. 14 15 Petitioner Patrick Wade Bearup has moved for a stay and abeyance of this case 16 under Rhines v. Weber,

544 U.S. 269

(2005), so that he can exhaust one of his habeas 17 claims in state court. (Doc. 160 at 1–12.) He also asks the Court to authorize his habeas 18 counsel to represent him in state court. (Id. at 1, 12–14.) Respondents oppose a stay and 19 abeyance and take no…