Davis

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 RICHARD ALLEN McWHORTER, Case No. 1:20-cv-00215-JLT

12 Petitioner, DEATH PENALTY CASE

13 v. ORDER REGARDING MOTION FOR

RHINES STAY AND ABEYANCE

14 CHANCE ANDES, Acting Warden of San Quentin Rehabilitation Center, 15

Respondent. 16 17 I. INTRODUCTION 18 Petitioner has filed a motion to stay the case pursuant to Rhines v. Weber, 544 U.S. 269 19 (2005), to allow state court exhaustion of claims in the 28 U.S.C. § 2254 amended petition for 20 writ of habeas corpus filed May 15, 2023 (hereinafter the “Federal Amended Petition”). (Doc. 21 75.) Respondent Warden opposes the motion. (Doc. 76). 22 The Court, having previously found the motion suitable to disposition on the papers (Doc. 23 74 at 2), and having now considered the parties’ filings, the record in this case, and the 24 applicable legal authority, finds that: (i) the Federal Amended Petition contains unexhausted 25 claims, (ii) Petitioner has satisfied the requirements for the granting of a stay pursuant to the 26 Rhines standard, and (iii) this…