Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT HENRY TESSMER, JR., No. 2:24-cv-1500 CSK P Petitioner, v. ORDER STEVE SMITH, Acting Warden,1 Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2022 murder conviction. As discussed below, the petition is dismissed with leave to amend. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). If exhaustion is to be waived, it must be waived explicitly by respondents’ counsel. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion, thus, may not be implied or inferred. A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before

Steve Smith, Acting Warden of Pleasant Valley State Prison, is substituted as respondent. Fed. 26 R. Civ. P. 25(d);…