Foss

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

11 JEROME SMITH, ) Case No.: 1:21-cv-01395-NONE-JLT (HC) ) Petitioner, ) ORDER GRANTING MOTION FOR A KELLY ) STAY v. ) ) (Doc. 3) TAMMY FOSS, Warden, ) Respondent. ) )

On September 10, 2021, Petitioner filed the instant petition for writ of habeas corpus, which appears to raise two exhausted claims and three unexhausted claims (Doc. 1) and filed a motion for a stay and abeyance of the proceedings (Doc. 3). The Court directed Respondent to respond to the motion for stay and abeyance. (Doc. 7.) On October 20, 2021, Respondent filed an opposition to Petitioner’s motion for a Rhines stay and a non-opposition to a Kelly stay. (Doc. 11.) As discussed below, the Court will grant a Kelly stay. DISCUSSION I. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to conduct a…