Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES RANANDO STEWART, JR., No. 2:25-cv-0819 CKD P Petitioner, v. ORDER AND PATRICK COVELLO, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a California prisoner, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner has paid the filing fee. Petitioner requests that this action be stayed under Rhines v. Weber, 544 U.S. 269 (2005) while he exhausts state court remedies with respect to claims 2, 3 and 4. In order to obtain a stay under Rhines, petitioner must show (1) good cause for his failure to previously exhaust state court remedies, and (2) any unexhausted claim is potentially meritorious. Rhines v. Weber, 544 U.S. at 278. Since petitioner makes no attempt to satisfy the first requirement, he is not entitled to a stay under Rhines Alternatively, petitioner asks that this matter be stayed pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) which does not…