Eldridge

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 LAFONZO R. TURNER, No. 2:18-cv-1071 WBS AC P Petitioner, v. ORDER WARDEN ASCUNCION, Respondent. 15 Petitioner is a state prisoner proceeding pro se and in forma pauperis with this habeas corpus action filed pursuant to 28 U.S.C. § 2254. This action was stayed on October 25, 2018, under Mena v. Long, 813 F.3d 907, 912 (9th Cir. 2016), and Rhines v. Weber, 544 U.S. 269, 278 (2005), for the purpose of permitting petitioner the opportunity to exhaust his federal claims in the state courts. See ECF Nos. 8, 9. Petitioner now moves to lift the stay in this action and proceed on his First Amended Petition (FAP). See ECF Nos. 12, 14. Review of the FAP demonstrates that it is identical to the original petition with the exceptions of a new request for evidentiary hearing on page 1 and new date of signature on page 22. Cf. ECF Nos. 1 and 12. This problem may be attributable to the fact that petitioner filed his original…