Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD ANTHONY PETERSON, No. 2:19-cv-01480 WBS GGH P Petitioner, v. ORDER RALPH M. DIAZ, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. In his “objections” to the January 13, 2020 Findings and Recommendations, petitioner appears to seek a stay pending exhaustion of his fully unexhausted petition. ECF No. 18. Petitioner has further provided a copy of the habeas petition that has been filed with the California Supreme Court. ECF No. 19. In response to petitioner’s request to a motion for stay, respondent argues a motion to stay is inappropriate for fully unexhausted petitions. ECF No. 20. However, respondent is incorrect. “[A] district court has the discretion to stay and hold in abeyance fully unexhausted petitioners under the circumstances set forth in Rhines.” Mena v. Long, 813 F.3d 907, 912 (9th Cir. 2016) (citing Rhines…