Stewart v. Covello

Summary

The United States District Court for the Eastern District of California addresses a California prisoner’s requests to stay his habeas corpus proceedings under Kelly v. Small and Rhines v. Weber. The court recommends granting a Kelly stay, denying the Rhines request as moot, and proceeds on the amended petition.

Holdings

1. The original petition should be dismissed, and the action should proceed on the amended petition filed April 11, 2025.
2. A stay under Kelly v. Small should be granted while petitioner exhausts state-court remedies with respect to claims not appearing in the amended petition.
3. The request for a Rhines stay should be denied as moot because the amended petition contained no unexhausted claims.

Questions Presented

1. Whether the original habeas petition should be dismissed after petitioner filed an amended petition.
2. Whether petitioner was entitled to a stay under Kelly v. Small while exhausting state-court remedies for claims omitted from the amended petition.
3. Whether petitioner was entitled to a stay under Rhines v. Weber when the amended petition contained no unexhausted claims.

Disposition

other