(HC) Harms v. Silva

Opinion

GREGORY HARMS, No. 2:25-cv-1048 CSK P Petitioner, v. ORDER Respondent. Petitioner, a state prisoner proceeding through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. Petitioner states that he filed, with the petition, a motion to stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) to exhaust unexhausted claims.1 (ECF No. 1-2 at 12.) However, the record does not contain a motion to stay pursuant to Kelly. This Court also observes that a stay pursuant to Kelly includes amending the petition to delete any unexhausted claims. Kelly, 315 F.3d at 1070. Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this order, petitioner shall file the motion to stay referred to in the petition. /// 1 Petitioner does not state that he will seek a motion to stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005). Dated: April 14, 2025 ~ CHI S00 KIM ) Harm1048.100fee/2 UNITED STATES MAGISTRATE JUDGE