David Guerra v. O. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID GUERRA, No. 2:23-cv-1048 DAD CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS O. SMITH, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition is fully briefed. Petitioner asks that the court stay this matter pursuant to Rhines v. Weber, 544 U.S. 269 (2005) so that petitioner can present an additional claim in California courts which he would raise here if denied. Respondent opposes the request for a stay. 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, 544 U.S. at 278. The claim petitioner seeks to potentially add concerns his being offered a plea agreement. Petitioner alleges that during trial proceedings he was offered a prison sentence of 8 years. Petitioner…