Hill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES KEVIN WROE, No. 2:21-cv-00413 GGH P Petitioner, v. ORDER RICK HILL, Warden, Respondent. 16 Petitioner, a state prisoner proceeding through counsel, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner paid the filing fee. Petitioner has filed a motion to stay and abey his federal habeas petition pursuant to Rhines v. Weber, 544 U.S. 269 (1995), in order to exhaust state court remedies on Claims One, Four, Five, Six, and Seven. ECF No. 2. In the alternative, petitioner requests a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003). Id. The court will direct respondent to respond to the pending motion to stay. If petitioner exhausts his claims in the California Supreme Court prior to this court’s resolution of the pending motion, petitioner is advised to file a notice of exhaustion in this court. Accordingly, IT IS HEREBY ORDERED that: 1. …