Horn

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DE’ANTE WHITAKER, No. 2:25-cv-0747 TLN CSK P 11 Petitioner, 12 v. ORDER AND FINDINGS &

RECOMMENDATIONS

13 HORN, 14 Respondent. 15 16 I. INTRODUCTION 17 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Pending before this Court is respondent’s motion to 19 dismiss, petitioner’s motion to stay this action pursuant to Rhines v. Weber, 544 U.S. 269 (2005) 20 and petitioner’s motion for a thirty day extension of time to make copies. (ECF Nos. 13, 17, 18.) 21 For the following reasons, petitioner’s motion for extension of time is denied as unnecessary. For 22 the following reasons, this Court recommends that petitioner’s motion to stay be denied, 23 respondent’s motion to dismiss be granted and petitioner be granted leave to file an amended 24 petition raising only his exhausted claims. 25 II. LEGAL STANDARD RE: EXHAUSTION AND STAY AND ABEYANCE 26 Under 28 U.S.C. §…