Cates
(HC) Horsley v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ALLEN RAY HORSLEY, Case No. 1:23-cv-01248-EPG-HC
Petitioner, ORDER GRANTING PETITIONER’S
MOTION TO STAY
v. (ECF No. 2) BRIAN CATES,
ORDER DIRECTING PETITIONER TO
Respondent. FILE FULLY EXHAUSTED AMENDED
PETITION
16 Petitioner Allen Ray Horsley, represented by counsel, is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 21, 2023, Petitioner filed a federal petition for writ of habeas corpus raising five grounds for relief. (ECF No. 1.) That same day, Petitioner filed the instant motion to stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), or in the alternative pursuant to Rhines v. Weber, 544 U.S. 269 (2005). (ECF No. 2.) Petitioner “seeks to have Grounds Four and Five dismissed from the Petition, without prejudice, while he exhausts his remedies with respect thereto in State Court.” (ECF No. 2 at 3.)1 Under Kelly, a three-step procedure is used: (1) the petitioner amends his petition to…