Gamboa

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CONRAD CASTILLO, Case No. 1:24-cv-01521-SAB-HC

Petitioner, ORDER GRANTING PETITIONER’S

MOTION FOR KELLY STAY

v. (ECF No. 7) MARTIN GAMBOA, Respondent.

15 Petitioner, represented by counsel, is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION A. Exhaustion and “Mixed” Petitions A petitioner in state custody who is proceeding with a petition for writ of habeas corpus must exhaust state judicial remedies. 28 U.S.C. § 2254(b)(1). The exhaustion doctrine is based on comity to the state court and gives the state court the initial opportunity to correct the state’s alleged constitutional deprivations. Coleman v. Thompson, 501 U.S. 722, 731 (1991); Rose v. Lundy, 455 U.S. 509, 518 (1982). A petitioner can satisfy the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider each claim before 27 …