Ruiz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 DANIEL JOSE RUIZ, Case No. 21-cv-07395-RMI Petitioner,

ORDER

g v. PATRICK COVELLO, Respondent. 11 Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 || U.S.C. § 2254. He also consented to the jurisdiction of a Magistrate Judge. dkt. 5. Petitioner 14 || indicates that a habeas petition is still pending in state court and he intends to seek a stay in this case. dkt 1 at 5. However, no motion for a stay has been filed. A The United States Supreme Court has held that a district court may stay mixed habeas petitions to allow the petitioner to exhaust in state court. Rhines v. Weber, 544 U.S. 269, 277-78 S || (2005). Rhines requires a petitioner to show (1) “good cause” for his failure to exhaust his claims 19 || in state court; (2) that his unexhausted claims are not “plainly meritless”; and (3) that he has not || engaged in “intentionally dilatory litigation…