Robertson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES MARTIN BACA, No. 2:22-cv-01481 TLN KJN P 12 Petitioner, 13 v. ORDER 14 JAMES ROBERTSON, 15 Respondent. 16 17 Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with a petition for a 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 11, 2022, petitioner was 19 provided the options relevant to addressing his unexhausted claims. On November 21, 2022, 20 petitioner responded, claiming he requests to stay this action pending exhaustion of his state court 21 remedies (option 3). However, petitioner may not simply request a stay. Rather, he must 22 persuade the court that he is entitled to a stay under Rhines v. Weber, 544 U.S. 269 (2005). 23 The prior order set forth option three as follows: 24 3. Petitioner may file a request to stay this action pending exhaustion of state court remedies with respect to the unexhausted claim 25 pursuant to Rhines v. Weber, 544 U.S. 269 (2005). Under…