Ndoh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES RAY BAGLEY, JR., No. 2:17-cv-2213 MCE DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROSEMARY NDOH, Warden, Respondent. 16 Petitioner is a state prisoner proceeding pro se in this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is a document filed by petitioner titled “Motion for stay and abeyance” that reads, in its entirety, “This is motion for a stay and abeyance, due to a new law signed by Governor Newsom, I need to go back to the superior court to exhaust an issue that will greatly affect my appeal.” (ECF No. 15.) A federal court may stay a habeas petition and hold it in abeyance pursuant to either Rhines v. Weber, 544 U.S. 269 (1995), or King v. Ryan, 564 F.3d 1133, 1135 (9th Cir. 2009) / Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003)). Rhines and King/Kelly set out different procedures and impose different requirements for obtaining a stay. Under Rhines, 544 U.S. at 26…