Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES RANANDO STEWART, JR., No. 2:25-cv-0819 DC CKD P Petitioner, v. ORDER AND PATRICK COVELLO, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a California prisoner, has filed an amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 and asks that the petition be stayed pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) while he exhausts state court remedies with respect to claims not appearing in the amended petition. Good cause appearing, the court will recommend that this request be granted. Petitioner’s request for a stay under Rhines v. Weber, 544 U.S. 269 (2005) is rendered moot by the filing of the amended petition. Under Rhines, the court can stay a petition with unexhausted claims. Because the amended petition does not contain unexhausted claims, a Rhines stay is not appropriate. Accordingly, IT IS HEREBY ORDERED that petitioner’s original petition for a writ of 27…