Borla

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN LEE HARVEY, No. 2:23-cv-00984-DAD-CKD (HC) Petitioner, v. ORDER AND EDWARD BORLA, FINDINGS AND RECOMMENDATIONS Respondent.1 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Currently pending before the court is petitioner’s motion for a stay and abeyance and respondent’s motion to dismiss petitioner’s habeas corpus application. ECF Nos. 13, 20. For the reasons discussed below, the undersigned recommends that petitioner’s motion for a stay be denied and that respondent’s motion to dismiss be granted. /////

1 As part of the motion to dismiss, respondent moves to substitute Edward Borla, the Warden of 26 the Correctional Training Facility where petitioner is incarcerated, as the proper respondent pursuant to Rule…