(HC) Paisano v. De La Cruz ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NORMA PAISANO, No. 2:22-cv-0641 CKD P 12 Petitioner, 13 v. ORDER 14 MICHAEL PALLARES, 15 Respondent. 16 17 Petitioner, a California prisoner, has filed a petition for a writ of habeas corpus under 28 18 U.S.C. § 2254. Petitioner has paid the filing fee. 19 Petitioner has filed a motion asking that this matter be stayed pursuant to Kelly v. Small, 20 315 F.3d 1063 (9th Cir. 2003) so that petitioner can exhaust state court remedies as to claims 4 21 and 5 in her petition. Good cause appearing, IT IS HEREBY ORDERED that: 22 1. Petitioner’s petition for a writ of habeas corpus is dismissed with leave to file an 23 amended petition within 14 days. In the amended petition, petitioner shall omit claims 4 and 5 24 appearing in the original petition. 25 ///// 26 ///// 27 ///// 28 ///// 1 2. Petitioner’s motion for a stay (ECF No. 3) is granted.! Upon filing of the amended 2 || petition, this matter will be stayed until petitioner exhausts state court remedies with respect to 3 || claims 4 and 5. 4 | Dated: May 16, 2022 aa | / a /y i 5 CAROLYNK. DELANEY 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 || paiso64at.sty 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 | By granting petitioner’s motion for a stay, the court makes no representation as to whether any 27 || of the claims in petitioner’s petition for a writ of habeas corpus were filed within the applicable limitations period or whether the claims which are dismissed will be deemed timely when 28 | reinstated.