Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY RALPH ABRARIA, No. 2: 21-cv-1161 KJN P Petitioner, v. ORDER & FINDINGS &

RECOMMENDATIONS

WARDEN, et al., Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, 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 additional claims pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003). (ECF No. 11.) For the reasons stated herein, the undersigned recommends that petitioner’s motion to stay be granted. Background The original petition raised exhausted and unexhausted claims. (ECF No. 1.) On July 12, 2021, the undersigned ordered petitioner to inform the court if he intended to proceed on his exhausted claims only or whether he requested a stay. (ECF No. 8.) This order advised petitioner of the two procedures used to stay a petition, one provided for in Kelly v. Small, 315…