(HC) Chappell v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BLAKE H. CHAPPELL, No. 2:22-cv-1429 KJM AC P Petitioner, v. ORDER ST. ANDRE, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed September 6, 2022, petitioner was ordered to show cause why the petition should not be dismissed as untimely. ECF No. 10. He has now filed his response and motion to stay. ECF No. 11. The response to the order to show cause is largely comprised of the standards for seeking a stay under Rhines v. Weber, 544 U.S. 269 (2005), and Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), and states that petitioner is requesting a stay under Rhines. Id. at 1-5. A Rhines stay is available for (1) a petition containing only unexhausted claims, or (2) a petition that is “mixed” (contains both exhausted and unexhausted claims) and preserves the federal filing date for unexhausted claims contained in…