(HC) Jeffries v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW JEFFRIES, No. 2:20-cv-2414 KJN P Petitioner, v. ORDER KEN CLARK, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2013 conviction. On December 21, 2020, petitioner filed a motion for stay and abeyance under Rhines v. Weber, 544 U.S. 269, 276 (2005). Petitioner concedes that claims six and seven are unexhausted, but argues that he has demonstrated his diligence by (a) filing a petition in the superior court on December 20, 2019, which was denied on June 23, 2020; and (b) filing a habeas petition in the California appellate court on September 21, 2020, which is currently pending. Stay and Abeyance Under Rhines A district court may, in limited circumstances, stay a mixed petition pending exhaustion of unexhausted claims if: (1) “the petitioner had good cause for his failure to exhaust;” (2) “his 27 …