Martinez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL E. TIMBERLAKE, No. 1:23-cv-00118-KES-SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

13 v. (ECF Nos. 11, 12, 15) 14 LUIS MARTINEZ, 15 Respondent. 16 17 Petitioner Paul Timberlake is a state prisoner proceeding with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. He is represented in this action by Fay Arfa, Esq. This 19 matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On March 28, 2023, Respondent Luis Martinez filed a motion to dismiss the petition for 22 failure to exhaust grounds one through four, out of five, of his mixed petition. Doc. 11. On 23 April 13, 2023, Petitioner filed an opposition and requested a stay and abeyance of the 24 proceedings pursuant to Rhines v. Weber, 544 U.S. 269, 277 (2005), or Kelly v. Small, 315 F.3d 25 1063, 1069–71 (9th Cir. 2002). Doc. 12. On April 27, 2023, Respondent replied and opposed a 26 Rhines stay but not a…