(HC)Kakowski
(HC)Kakowski v. Pollard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN KAKOWSKI, No. 2:20-cv-00549 GGH P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
MARCUS POLLARD, Warden, Respondent. 16 Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion to stay his federal habeas petitioner pursuant to King v. Ryan, 564 F.3d 1133 (9th Cir. 2009). ECF No. 7. Petitioner states he is seeking a stay to exhaust his three unexhausted claims in the California Supreme Court. Id. Pursuant to the King, 564 F.3d 1133, and Kelly v. Small, 315 F.3d 1063, 1070–71 (9th Cir. 2002) stay procedure, (1) a petitioner amends his petition to delete any unexhausted claims; (2) the court stays and holds in abeyance the amended, fully exhausted petition, allowing the petitioner the opportunity to proceed to state court to exhaust the deleted claims; and (3) the petitioner later amends his petition and…