1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSICA NICOLE BRADFORD, No. 2:21-cv-1093-CKD P 12 Petitioner, 13 v. ORDER 14 MICHAEL PALLARES, 15 Respondent. 16

17 18 Petitioner is a state prisoner proceeding through appointed counsel1 with an application 19 for writ of habeas corpus pursuant to

. On July 23, 2025, petitioner filed a 20 motion for a stay and abeyance pursuant to Rhines v. Weber,

(2005) and King v. 21 Ryan,

(9th Cir. 2009). (ECF No. 28.) On August 5, 2025, respondent filed a 22 statement of non-opposition to the motion. (ECF No. 29.) Based on the agreement of the parties 23 and for good cause shown, the court will vacate the hearing set for August 27, 2025, and grant the 24 motion to stay this proceeding for the purpose of exhausting the claims petitioner has already 25 raised and is currently pursuing in state court. In so doing, the court expresses no opinion on the 26 1 On September 18, 2024, the court appointed Carl Fabian as limited purpose counsel for the 27 purpose of locating and obtaining records. (ECF No. 22.) Limited purpose counsel has completed this task and petitioner now proceeds through appointed counsel. Accordingly, the Clerk of the 28 Court will be directed to terminate Carl Fabian as counsel of record. 1 | timeliness of the habeas corpus petition. The court will also deny as moot and without prejudice 2 || respondent’s motion to dismiss the petition on the ground that it contains unexhausted claims. 3 || (ECF No. 14.) 4 Accordingly, IT IS HEREBY ORDERED as follows: 5 1. The Clerk of the Court is directed to terminate limited purpose counsel Carl Fabian as 6 counsel of record. 7 2. The court VACATES the hearing set for August 27, 2025. 8 3. Petitioner’s unopposed motion to stay this action pursuant to Rhines v. Weber, 544

(2005) (ECF No. 28) is GRANTED. 10 4. The Clerk of Court is directed to administratively close this case. 11 5. Respondent’s motion to dismiss (ECF No. 14) is DENIED without prejudice as moot. 12 6. Petitioner is directed to file a status report with the court every 6 months indicating 13 || what efforts she has taken to properly exhaust her claims in state court. 14 7. Upon the completion of state habeas review, petitioner is directed to file a motion to 15 || lift the stay within 30 days from the date of any decision by the California Supreme Court. 16 8. Petitioner’s failure to file the status reports or to properly exhaust her state court 17 || remedies may result in a sua sponte order lifting the stay of this case. 18 | Dated: August 6, 2025 □□ I / dip Ze 19 CAROLYNK. DELANEY 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 || 8, brad1093.rhines 24 25 26 27 28