Martinez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL E. TIMBERLAKE, No. 1:23-cv-00118-ADA-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO GRANT MOTION TO DISMISS, DENY

v. MOTION FOR RHINES STAY, AND

GRANT MOTION FOR KELLY STAY

KELLY SANTORO, Warden, [Docs. 11, 12] Respondent. [21-DAY OBJECTION DEADLINE]

17 Petitioner is a state prisoner proceeding in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is represented in this action by Fay Arfa, Esq. Pending before the Court is Respondent’s motion to dismiss the petition, and Petitioner’s motion to stay the proceedings in this action under Rhines v. Weber, 544 U.S. 269, 277 (2005), or alternatively, Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). For reasons that follow, the Court will recommend that Respondent’s motion to dismiss for failure to exhaust state remedies be GRANTED, Petitioner’s motion for stay pursuant to Rhines be DENIED, and Petitioner’s motion for stay…