Cates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ROBERT WESLEY COWAN, Case No. 1:19-cv-00745-DAD

Petitioner, DEATH PENALTY CASE

v. ORDER (1) DETERMINING EXHAUSTION STATUS OF AMENDED PETITION, and (2) BRIAN CATES, Warden of the California HOLDING FEDERAL PROCEEDINGS IN Correctional Institution, ABEYANCE DURING PENDENCY OF STATE EXHAUSTION PROCEEDINGS Respondent.1

16 On November 5, 2021, counsel for petitioner moved for a stay of his federal habeas proceeding pursuant to Rhines v. Weber, 544 U.S. 269 (2005), so that he may present the state court with unexhausted claims 1.B.2, 2.D, 2.E, and 3.B, contained in the federal amended habeas corpus petition filed that same day pursuant to 28 U.S.C. § 2254. Respondent Warden Brian Cates, through counsel, filed his response to the motion on November 22, 2021. Petitioner filed his reply in support of the motion on November 29, 2021. The motion was then taken under submission for decision.2 On…