Leslie Jenea Chance v. A. De La Cruz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LESLIE JENEA CHANCE, Case No. 1:24-cv-00709-JLT-SAB-HC

Petitioner, ORDER STAYING PROCEEDINGS,

TERMINATING PETITIONER’S MOTION

v. TO STAY, AND DIRECTING PETITIONER

TO FILE STATUS REPORT

A. DE LA CRUZ, (ECF No. 22) Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 29, 2025, the Court denied Respondent’s motion to dismiss and allowed Petitioner to proceed with the procedure set forth in Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). (ECF No. 20.) On September 24, 2025, Petitioner filed a first amended petition (“FAP”) containing only exhausted claims, which satisfies the first requirement for a Kelly stay. (ECF No. 21.) Along with the FAP, Petitioner filed a motion to stay. (ECF No. 22.) However, as the Court previously granted Petitioner leave to proceed with the Kelly stay procedure, (ECF No. 20), the motion will be terminated as moot. /// /// …