Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADAM JAY CALDWELL, Case No. 2:24-cv-2194-WBS-JDP (P) Petitioner, v. ORDER; FINDINGS AND

RECOMMENDATIONS

WARDEN,

Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Respondent moves to dismiss the petition, arguing that it contains unexhausted claims. ECF No. 10. On May 30, 2025, I issued my findings and recommendations, recommending that the petition be dismissed because it contained unexhausted claims. ECF No. 14. I noted that petitioner had failed to request a stay and abeyance under Rhines v. Weber, 544 U.S. 269, 277 (2005), or Kelly v. Small, 315 F.3d 1063, 1070-71 (9th Cir. 2002), and that dismissal was appropriate as a result. Id. at 3-4. I informed petitioner that he could seek a stay of his petition in his objections, see id. at 4 n.1, which petitioner did, see ECF No. 15. As a result, I will vacate the prior findings and…