Lemon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID KHOURNY PECH, No. 2:23-CV-1853-DJC-DMC-P Petitioner, v. ORDER TRISTAN LEMON, Respondent. 16 Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s petition for a writ of habeas corpus, ECF No. 1. Also before the Court is Petitioner’s motion for a stay of proceedings to allow for exhaustion of claims in state court, ECF No. 2. On August 31, 2023, the Court directed Respondent to file a response to file a response to Petitioner’s petition and motion for a stay within 60 days. See ECF No. 6. Respondent now seeks leave to file a late response. See ECF No. 11. The request is unopposed. See id. Respondent agrees that a stay of proceedings pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), is appropriate, but opposes a stay under Rhines v. Weber, 544 U.S. 269 (2005). 26 …