Horn

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DE’ANTE WHITAKER, No. 2:25-cv-0747 TLN CSK P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

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