Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAURENCIO MARTINEZ QUINTERO, No. 2:20-cv-0200 TLN CKD P Petitioner, v. ORDER TAMMY FOSS, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After respondent was ordered to respond to the petition, petitioner moved for a stay and abeyance (ECF No. 8), but it was not clear whether he was seeking to stay a partially or fully unexhausted petition under Rhines v. Weber, 544 U.S. 269 (2005), or a fully exhausted petition under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003). Respondent then moved to dismiss the petition on the ground that Grounds One, Six, Seven, and Eight of the petition were unexhausted. (ECF No. 9). In response to the motion to dismiss, petitioner filed a motion to amend the petition and a proposed first amended petition that removed the claims respondent asserted were unexhausted. (ECF Nos. 13, 14.)…