Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES MICHAEL FECI, No. 2:20-cv-00878-KJM-CKD P Petitioner, v. ORDER AND ROBERT BURTON, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a state prisoner proceeding pro se in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is petitioner’s motion to stay these proceedings in order to exhaust his state court remedies, and respondent’s motion to dismiss claims 2, 3, and 4 of petitioner’s habeas corpus application. ECF Nos. 6, 10. The motions have been fully briefed in accordance with a supplemental briefing schedule ordered on September 17, 2020. ECF No. 19. For the reasons discussed below, the undersigned recommends granting respondent’s motion to dismiss and denying petitioner’s motion for a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005). The court further recommends granting petitioner a stay of these proceedings pursuant to Kelly v.…