Nall

MEMORANDUM **

Tyrone Nall appeals the district court’s denial of habeas petition challenging his Nevada convictions and sentences for five counts of robbery with the use of a deadly weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

Nall argues that the district court erred in failing to allow Nall to stay his habeas petition in order to allow Nall to return to state court to exhaust the unexhausted claims. We review a district court’s grant or denial of a stay for an abuse of discretion. Rhines v. Weber, — U.S.-, 125 S.Ct. 1528, 1534-35 , 161 L.Ed.2d 440 (2005). In Kelly v. Small, 315 F.3d 1063, 1070 (9th Cir.), cert. denied, 538 U.S. 1042 , 123 S.Ct. 2094 , 155 L.Ed.2d 1077 (2003), we held that the district court must consider the stay and abeyance procedure as an alternative to dismissal of a mixed petition when “dismissal will render it unlikely or impossible for the petitioner to return to federal court within the one-year limitation period.”

Nall failed to establish that a stay would have been warranted under Rhines v. Weber, — U.S. -, 125 S.Ct. 1528, 1534-35 , 161 L.Ed.2d 440 (2005). Furthermore, Nall’s argument that the district court failed to…