Santoro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL EDWARD TIMBERLAKE, No. 1:20-cv-00013-NONE-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY MOTION FOR STAY AND

v. DISMISS PETITION WITHOUT

PREJUDICE

KELLY SANTORO, Warden, [Doc. 26] Respondent. 16 Petitioner is a state prisoner proceeding in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is represented in this action by Fay Arfa, Esq. Pending before the Court is Petitioner’s motion to stay the proceedings in this action under either Rhines v. Weber, 544 U.S. 269, 277 (2005) or Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). Because direct review has not concluded, the Court finds that it should abstain from interfering in ongoing state proceedings pursuant to Younger v. Harris, 401 U.S. 37 (1971), and that a stay of federal proceedings is inappropriate. For reasons that follow, the Court will recommend that Petitioner’s motion for stay be DENIED, and the petition be…