(HC) Paisano v. De La Cruz

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA NORMA PAISANO, No. 2:22-cv-0641 CKD P 12 Petitioner, 13 v. ORDER MICHAEL PALLARES, 15 Respondent.

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, 315 F.3d 1063 (9th Cir. 2003) so that petitioner can exhaust state court remedies as to claims 4 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 amended petition within 14 days. In the amended petition, petitioner shall omit claims 4 and 5 appearing in the original petition.

25 ///// ///// ///// ///// 1 2. Petitioner’s motion for a stay (ECF No. 3) is granted.! Upon filing of the amended || petition, this matter will be stayed until petitioner exhausts state court remedies with respect to || claims 4 and 5.

4 | Dated: May 16, 2022 aa | / a /y i 5 CAROLYNK. DELANEY 6 UNITED STATES MAGISTRATE JUDGE || paiso64at.sty 1] | By granting petitioner’s motion for a stay, the court makes no representation as to whether any || 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 | reinstated.