Pfeiffer
(HC) Phea v. Pfeiffer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALANJE PHEA, No. 2:20-cv-00283 WBS GGH P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
CHRISTIAN PFEIFFER, 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. Pending before the court is petitioner’s motion to stay proceedings pending exhaustion of state court remedies. ECF No. 51. Respondent has filed an opposition to the motion. ECF No. 53. A district court may properly stay a habeas petition and hold it in abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005). See King v. Ryan, 564 F.3d 1133, 1135 (9th Cir. 2009). Under Rhines, a district court may stay a mixed petition to allow a petitioner to present an unexhausted claim to the state courts. Rhines, 544 U.S. at 277. Assuming the petition itself has been timely filed, such a stay “eliminates entirely any limitations issue with regard to the 26 …