Eaton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACOB SCOTT LAKE, No. 2:20-cv-2174 TLN AC P Petitioner, v. ORDER P. EATON, WARDEN, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Petitioner has moved to stay the petition and hold it in abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005), while he returns to state court to exhaust two of its claims. See ECF No. 20. As explained more fully below, the undersigned concludes that this motion should be denied. Before making such a recommendation, however, the court will give petitioner the opportunity to file another motion to stay, this one pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002), for the court’s consideration in the alternative. I. PROCEDURAL HISTORY …