(HC) Gonzalez v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE ALBERTO GONZALEZ, No. 2:24-cv-00810-KJM-AC Petitioner, v. ORDER AND ROB ST. ANDRE, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a state prisoner proceeding pro se in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the pending § 2254 application on the basis that it contains unexhausted claims for relief. ECF No. 13. In opposition, petitioner requests a stay and abeyance in order to properly exhaust some of his claims in state court. For the reasons discussed below, the undersigned recommends granting respondent’s motion to dismiss and that petitioner’s request for a Rhines1 stay be denied. The court further recommends that petitioner be sua sponte granted a Kelly2 stay. //// ////

See Rhines v. Weber, 544 U.S. 269 (2005) (hereinafter referred to as “Rhines”). See Kelly v. Small, 315 F.3d 1063,…