(HC) Stewart v. Covello

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES RANANDO STEWART, JR., No. 2:25-cv-0819 CKD P 12 Petitioner, 13 v. ORDER 14 PATRICK COVELLO, 15 Respondent. 16 17 On March 17, 2025, the court recommended that petitioner’s request for a stay under 18 Rhines v. Weber, 544 U.S. 269 (2005) be denied, petitioner’s request for a stay under Kelly v. 19 Small, 315 F.3d 1063 (9th Cir. 2003) be granted, and that petitioner’s petition for a writ of habeas 20 corpus be dismissed with leave to file an amended petition. In objections to the findings and 21 recommendations, petitioner indicates that he would prefer to file his amended petition before the 22 original is dismissed.1 Good cause appearing, IT IS HEREBY ORDERED that: 23 1. The court’s March 17, 2025, findings and recommendations are vacated; and 24 ///// 25 ///// 26 1 Petitioner prefers this approach as he feels dismissal of the original petition before the filing of 27 the amended may have an adverse impact on him in terms of the running of the applicable limitations period. The court makes no representation herein as to anything concerning the 28 running of the limitations period. ] 2. Petitioner is granted 14 days within which to file an amended petition for writ of 2 | habeas corpus omitting claims 2, 3 and 4 in the original petition. Once the amended petition is 3 || filed, the court will address petitioner’s motion for a stay. 4 || Dated: March 31, 2025 Card it | i a la f pa 5 CAROLYN K DELANEY? 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 || pais0641.amp 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28