Tully

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD TULLY, Case No. 18-cv-04763-EMC

Plaintiff,

ORDER GRANTING PETITIONER’S

v. REQUEST FOR STAY AND

ABEYANCE

RON DAVIS, Docket No. 27 Defendant.

12 Petitioner Richard Tully, a condemned prisoner at California’s San Quentin State Prison, has filed a federal habeas petition containing 114 claims. See Docket No. 26. Petitioner and Respondent agree that Claims 103, 104, 106, 109, 110, and 114 are unexhausted. See Docket No. 36 at 2. Petitioner has filed a state court petition for writ of habeas corpus in to order exhaust these claims. See Docket No. 25. In addition, pursuant to Rhines v. Weber, 544 U.S. 269, 278 (2005), Petitioner has filed the instant Motion to Hold Federal Habeas Proceedings in Abeyance While the State Exhaustion Petition is Pending (Docket No. 27). Respondent opposes Petitioner’s request for stay and abeyance, arguing that Petitioner has not shown that his unexhausted claims are potentially…