Baldocchi

MEMORANDUM **

Stephen Eyre Baldocchi appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 petition, challenging his guilty plea conviction and sentence for one count of felony driving under the influence of alcohol. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We granted a certificate of appealability on the sole issue of whether the district court abused its discretion when it refused to stay federal proceedings while Baldocchi exhausted his state remedies. 1 We review this issue for an abuse of discretion. James v. Pliler, 269 F.3d 1124, 1126 (9th Cir .2001).

When a petitioner files a § 2254 petition containing both exhausted and unexhausted claims, the district court must provide the petitioner with the choice of either 1) returning to state court to exhaust any unexhausted claims, or 2) amending the petition to proceed with only the exhausted claims. Calderon v. United States District Court for the Northern District of California, 134 F.3d 981, 984-85 (9th Cir.1998) (Taylor).

Because Baldocchi’s § 2254 petition contained exhausted and unexhausted claims, the district court, not once, but three times provided Baldocchi with the…