1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ANGEL ARAUJO, No. 2:24-cv-01735-EFB (PC) 12 Petitioner, 13 v. ORDER LIFTING STAY 14 JASON JOHNSON, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding with counsel in this petition for a writ of habeas 18 corpus brought under

. ECF No. 1. He has filed a motion to lift the stay entered 19 by the court on February 11, 2025. ECF No. 8. 20 Petitioner was convicted of several state crimes related to domestic violence on September 21 24, 2021. ECF No. 1. He was sentenced on April 14, 2022 to four years in prison.

In the 22 instant petition, petitioner raises three claims: (1) that he was deprived of due process by the 23 giving of a certain jury instruction, (2) that his trial counsel rendered ineffective assistance, and 24 (3) that the police and prosecutor committed misconduct.

His direct appeal was denied, and 25 the California Supreme Court denied his petition for direct review on October 11, 2023.

at 3- 26 4. Petitioner asked the court to stay the petition under either Kelly v. Small,

, (9th 27 Cir. 2003) or Rhines v. Weber,

(2005) while he exhausted the second and third 28 claims (hereinafter “claims 2 and 3”) in state court. The court entered the stay. ECF No. 5. 1 || Petitioner, having presented claims 2 and 3 to the California Supreme Court, now files an 2 || amended petition containing all three claims and a motion to lift the stay. ECF No. 8. 3 The court will lift the stay, but makes no finding as to the timeliness of Claims 2 and 3 or 4 | their relation to Claim 1. 5 Accordingly, it is hereby ORDERED that: 6 1. The stay entered on February 11, 2025 is LIFTED; 7 2. Ifmnecessary, the court will enter a further briefing schedule upon resolution of the pending 8 motion to dismiss. 9 10 || Dated: September 18, 2025 Pati A ibttiiz, a Lue AM Ae EDMUND F. BRENNAN 1] UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28