Phillips

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW COPELAND MILLER, No. 2:22-cv-1270 WBS DB Petitioner, v. ORDER CHRISTIAN PFEIFFER, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2014 conviction in the San Joaquin Superior Court. (ECF No. 1 at 2.) A motion for stay was submitted concurrently with the petition. (ECF No. 1 at 40-42.) By order dated February 16, 2023, the respondent was directed to file a response to the petition and petitioner’s motion for stay. (ECF No. 6.) Respondent filed a motion to dismiss and opposition to petitioner’s motion for stay. (ECF No. 11.) Therein, respondent argues that the petition is unexhausted, petitioner has not shown good cause and diligence sufficient to warrant a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005), a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002), is inapplicable. …