Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREY YUSHCHUK, No. 2:20-cv-2137 KJM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 Petitioner is a state prisoner proceeding pro se on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion to stay this case in order to return to state court to present new evidence intended to bolster his otherwise exhausted claim for ineffective assistance of counsel. ECF No. 19. Respondent opposes the motion on ground that petitioner has failed to demonstrate that he meets any of the three criteria for granting a stay under Rhines v. Weber, 544 U.S. 269 (2005). ECF No. 20. Where a petitioner seeks to return to court to present new evidence in support of an exhausted claim, he may seek a stay under Rhines. Gonzalez v. Wong, 667 F.3d 965, 980 (9th Cir. 2011). In order to obtain a stay under Rhines, the petitioner must show that (1) good cause 26 …