(HC) Thomas v. Warden of Folsom State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 WILLIAM HENRY THOMAS, No. 2:23-cv-02741-DAD-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS WARDEN, Folsom State Prison, Respondent. 14 Petitioner is a state prisoner proceeding without counsel in this petition for a writ of habeas corpus. 28 U.S.C. § 2254. He challenges his convictions in the Superior Court of Sacramento County for felony murder and arson. ECF No. 6. Respondent has filed a motion to dismiss the petition due to lack of exhaustion of claims two through six. ECF No. 18. Petitioner does not deny that these claims are unexhausted, but requests that this action be stayed in lieu of dismissal. ECF Nos. 22 and 24. Petitioner also requests appointment of counsel and a copy of his case file. ECF No. 25. Respondent does not oppose a stay under Kelly v. Small. ECF No. 23. For the reasons that follow, the court recommends that the petition be stayed under Kelly, and that petitioner’s other pending motions be…