Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIN ALLEN MACK, No. 2:23-cv-1998 DB Petitioner, v. ORDER PATRICK COVELLO, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. §2254. Both parties consented to the jurisdiction of a magistrate judge. Accordingly, Chief Judge Mueller authorized the undersigned magistrate judge to rule on all proceedings in this action. (ECF No. 9.) On November 17, 2023, respondent filed a motion to dismiss the petition for failure to exhaust state remedies. (ECF No. 10.) In an order filed April 25, 2024, this court found petitioner failed to exhaust one claim in his petition – that his appellate counsel was ineffective for failing to raise legal issues regarding petitioner’s sentence. This court gave petitioner the opportunity to choose to proceed solely on the exhausted claims in his petition or seek a stay of these proceedings. (ECF No. 14.) On May 15,…