Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES GARNER, No. 2:20-cv-02143 DB P Petitioner, v. ORDER RALPH DIAZ, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2017 conviction in Sacramento County Superior Court. Before the court is petitioner’s motion for stay and abeyance. (ECF No. 8.) For the reasons stated below, the court will deny petitioner motion without prejudice. MOTION FOR STAY AND ABEYANCE Petitioner requests that the court stay the present action for purposes of exhaustion. (Id. at 1.) This request is made pursuant to Rhines v. Weber, 544 U.S. 269 (2005). (Id.) Under Rhines, a district court may stay a mixed habeas petition if the following conditions are met: (1) “the petitioner had good cause for his failure to exhaust,” (2) “his unexhausted claims are potentially…