Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VANNA SISOUNTHONE, No. 2:18-cv-3181 DAD AC P Petitioner, v. ORDER ROBERT NEUSCHMID, WARDEN, Respondent. 16 Petitioner has moved for reconsideration of the court’s order directing him to file a motion for stay of these proceedings pursuant either to Rhines v. Weber, 544 U.S. 269 (2005) or Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). ECF No. 23. For the reasons stated below, the motion will be denied. Consistent with the court’s order issued November 8, 2022 (ECF No. 20), petitioner will be ordered to either file a motion to stay these proceedings while he returns to state court to exhaust or to file an amended petition and proceed solely on exhausted Claim Two. I. MOTION FOR RECONSIDERATION In the motion for reconsideration, petitioner asks the court to reevaluate its finding that Claims Three and Four in the federal petition – ineffective assistance of counsel and prosecutorial misconduct – were not…