Phipher

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JAIME ESTRADA, Case No. 1:22-cv-01090-EPG-HC

Petitioner, ORDER GRANTING PETITIONER’S

REQUEST TO STAY AND STAYING

v. PROCEEDINGS

PHIPHER, (ECF No. 7) Respondent.

16 Petitioner Jaime Estrada is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In response to the Court’s order to show cause, Petitioner asserts that he is excused from the exhaustion requirement, or in the alternative, requests for a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005). For the reasons stated herein, the undersigned grants Petitioner’s request to stay. I. BACKGROUND On August 26, 2022, Petitioner filed a petition for writ of habeas corpus, which challenges his 2021 resentencing in the Stanislaus County Superior Court on the grounds that Petitioner’s due process rights were violated by the court’s failure to advise of Petitioner’s…