Sullivan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GENNEL EDWARD MILES, JR., No. 2:19-CV-0377-KJM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS W.J. SULLIVAN, Respondent. 16 Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s motion, ECF No. 52, for an order staying the case and holding federal habeas proceedings in abeyance pending exhaustion of claims in state court. Respondent has filed a statement of non- opposition to Petitioner’s request, ECF No. 53. The district court is not required to sua sponte consider stay and abeyance in the absence of a request from the petitioner, see Robbins v. Carey, 481 F.3d 1143, 1148 (9th Cir. 2007), or to inform the petitioner that stay and abeyance may be available, see Brambles v. Duncan, 412 F.3d 1066, 1070-71 (9th Cir. 2005). When a stay-and-abeyance motion is filed, there are two…