1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAWN C. BROWN, No. 2:24-cv-0742 DC CKD P 12 Petitioner, 13 v. ORDER AND 14 CHANCE ANDES, FINDINGS AND RECOMMENDATIONS 15 Respondent. 16 17 Petitioner is a California prisoner proceeding pro se with a petition for a writ of habeas 18 corpus under

. Respondent filed an answer on April 2, 2025. Petitioner has not 19 filed a reply. Instead, petitioner asks that the court stay this matter so that petitioner can present 20 additional claims in California courts which he would raise here if denied. Respondent opposes 21 the request for a stay. 22 Good cause appearing, the court will recommend that the motion for stay be granted 23 pursuant to Kelly v. Small,

(9th Cir. 2002). Once plaintiff has exhausted state 24 court remedies, he may either proceed on the claims before the court or file a motion for leave to 25 amend. By granting a stay, the court makes no representation that any claims not presently before 26 the court are timely. Petitioner should understand that respondent is free to challenge any new 27 claims as being barred by the applicable statute of limitations. 28 ///// ] The court notes that petitioner filed a request for an extension of time to file a reply to 2 || respondent’s opposition to petitioner’s motion for a stay. As the reply was timely filed, the 3 || request for an extension of time will be denied as unnecessary. 4 In accordance with the above, IT IS HEREBY ORDERED that petitioner’s request for an 5 || extension of time (ECF No. 27) is DENIED as unnecessary. 6 IT IS HEREBY RECOMMENDED that: 7 1. Petitioner’s motion for a stay (ECF No. 25) be granted; and 8 2. This matter be stayed pending exhaustion of state court remedies. 9 These findings and recommendations are submitted to the United States District Judge 10 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 11 | after being served with these findings and recommendations, any party may file written 12 || objections with the court and serve a copy on all parties. Any response to the objections shall be 13 || served and filed within fourteen days after service of the objections. The parties are advised that 14 | failure to file objections within the specified time may waive the right to appeal the District 15 || Court’s order. Martinez v. YIst,

(9th Cir. 1991). 16 | Dated: October 14, 2025 / ae □□ / a Ly a

18 UNITED STATES MAGISTRATE JUDGE 19 20 21 brow0742sty 22 23 24 25 26 27 28