Phipher

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

12 Petitioner, ORDER GRANTING PETITIONER’S

REQUEST TO STAY AND STAYING

13 v. PROCEEDINGS

14 PHIPHER, (ECF No. 7) 15 Respondent.

16 17 Petitioner Jaime Estrada is a state prisoner proceeding pro se with a petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. In response to the Court’s order to show cause, 19 Petitioner asserts that he is excused from the exhaustion requirement, or in the alternative, 20 requests for a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005). For the reasons stated 21 herein, the undersigned grants Petitioner’s request to stay. 22 I. 23 BACKGROUND 24 On August 26, 2022, Petitioner filed a petition for writ of habeas corpus, which 25 challenges his 2021 resentencing in the Stanislaus County Superior Court on the grounds that 26 Petitioner’s due process rights were violated by the court’s failure to advise of Petitioner’s…