Matteson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAI FOU SAECHAO., No. 2:23-cv-0909 DAD DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS GISELLE MATTESON, Respondent.

17 Petitioner, a state prisoner proceeding pro se, filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Following issuance of findings and recommendations to deny a stay that petitioner requested under Rhines v. Weber, 544 U.S. 269, 277-78 (2005), petitioner has now moved for a stay under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002) (“Kelly”). (ECF No. 11.) The undersigned recommends that a motion to stay be granted under the Kelly procedure. I. Background The first amended petition raises three apparently exhausted grounds for relief as follows: (1) insufficient evidence to support felony murder conviction; (2) instructional error in the failure to instruct on theft as the target of the underlying felony; and (3) violation of Double Jeopardy by use of the same…