Davis

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 10 JORGE CONTRERAS, Case No. 1:19-cv-01523-JLT

Petitioner, DEATH PENALTY CASE

v. ORDER: (1) DETERMINING CLAIM

EXHAUSTION STATUS, (2) HOLDING

RON BROOMFIELD, Warden of California FEDERAL PROCEEDINGS IN ABEYANCE 14 State Prison at San Quentin, OF STATE EXHAUSTION PROCEEDINGS, and (3) DENYING LEAVE TO FILE FIRST 15 Respondent. AMENDED PETITION 16 I. INTRODUCTION Counsel for Petitioner filed a motion (1) to stay the case pursuant to Rhines v. Weber, 544 U.S. 269 (2005), to allow state court exhaustion of claims in his 28 U.S.C. § 2254 petition filed August 1, 2023, and (2) for leave of the Court to file a federal first amended petition within thirty days of the conclusion of state exhaustion proceedings in order to correct inconsistent record citations and address future caselaw. (Doc. 129.) Counsel for Respondent filed a statement of non-opposition to the motion to the extent it seeks Rhines stay and abeyance. (Doc. 131 at 2.1) Respondent’s statement of…