Lemon

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID KHOURNY PECH, No. 2:23-CV-1853-DJC-DMC-P 12 Petitioner, 13 v. ORDER 14 TRISTAN LEMON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding with retained counsel, brings this petition 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s 19 petition for a writ of habeas corpus, ECF No. 1. Also before the Court is Petitioner’s motion for a 20 stay of proceedings to allow for exhaustion of claims in state court, ECF No. 2. 21 On August 31, 2023, the Court directed Respondent to file a response to file a 22 response to Petitioner’s petition and motion for a stay within 60 days. See ECF No. 6. 23 Respondent now seeks leave to file a late response. See ECF No. 11. The request is unopposed. 24 See id. Respondent agrees that a stay of proceedings pursuant to Kelly v. Small, 315 F.3d 1063 25 (9th Cir. 2003), is appropriate, but opposes a stay under Rhines v. Weber, 544 U.S. 269 (2005). 26 …