Sullivan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

11 RUBEN TONY CERVANTES, ) Case No.: 1:20-cv-00188-NONE-JLT (HC) ) Petitioner, ) ORDER GRANTING MOTION FOR STAY AND ) ABEYANCE v. ) ) (Doc. 4) W.J. SULLIVAN, Warden, ) Respondent. ) SIXTY-DAY DEADLINE ) 16 ) 17 On February 6, 2020, Petitioner filed the instant petition for writ of habeas corpus raising only one exhausted claim. (Doc. 1.) Petitioner filed a motion for a stay and abeyance of the proceedings, in which he includes three claims to be exhausted. (Doc. 4.) The Court directed Respondent to respond to the motion for stay and abeyance. (Doc. 5.) On March 20, 2020, Respondent filed a statement of non- opposition to a Kelly stay. (Doc. 9.) As discussed below, the Court will grant a Kelly stay. DISCUSSION I. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to conduct a…