The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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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.
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17 Petitioner is a California prisoner proceeding pro se with a petition for a writ of habeas
18 corpus under 28 U.S.C. § 2254. 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, 315 F.3d 1063 (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 28 U.S.C. § 636(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, 951 F.2d 1153 (9th Cir. 1991).
16 | Dated: October 14, 2025 / ae □□ / a Ly a
18 UNITED STATES MAGISTRATE JUDGE
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