Pallares

(HC) Williams v. Pallares

Good Law
United States District Court, Eastern District of CaliforniaNovember 4, 20212:20-cv-01519California1,042 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TANISHIA SAVANNAH WILLIAMS, No. 2:20-cv-01519 JAM GGH P Petitioner, v. FINDINGS & RECOMMENDATIONS MICHAEL PALLARES, Acting 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 this action pending exhaustion of her state court remedies. ECF No. 25. Motion to Stay 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 originally unexhausted claims, as the claims remain pending…

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