Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JEREMIAH J. DONOVAN, Case No. 1:20-cv-00694-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT PETITIONER’S MOTION TO

v. STAY AND TO GRANT LEAVE TO

AMEND PETITION FOR WRIT OF

RALPH DIAZ, HABEAS CORPUS

Respondent. ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE AND SEND

PETITIONER BLANK § 2254 HABEAS

FORMS

14 (ECF No. 2) 15 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has moved for a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005), while he exhausts state court remedies. For the reasons stated herein, the undersigned recommends granting the motion to stay, granting Petitioner leave to file a first amended petition setting forth both his exhausted and unexhausted claims for relief, and staying the mixed first amended petition. I. BACKGROUND On May 14,…