Matteson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KALOM MCCOY, No. 2:23-cv-0902 DAD CSK P 12 Petitioner, 13 v. ORDER 14 GENA JONES, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner, proceeds through counsel with a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 29, 2024, the district court granted petitioner’s motion for a stay pursuant to 21 Kelly v. Small, 316 F.3d 1063 (9th Cir. 2003), and directed petitioner to submit an amended 22 petition deleting unexhausted claim three (ineffective assistance of counsel within fourteen days. 23 (ECF No. 18 at 4.) On April 15, 2024, petitioner filed an amended petition omitting claim three. 24 (ECF No. 20.) 25 Therefore, pursuant to the district court’s order, this action is stayed pursuant to Kelly to 26 allow petitioner an opportunity to complete exhaustion of the ineffective assistance…