(HC) Taylor v. District Attorney

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT ANTHONY TAYLOR, No. 2:24-cv-01400 SCR P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DISTRICT ATTORNEY, Respondent. 16 Petitioner, a state prisoner proceeding pro se, initiated this action with an unsigned petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) Subsequently, petitioner filed a signed petition and a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 6, 7.) Petitioner has submitted a declaration that makes the showing required by § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). 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 respondent’s counsel. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion, thus, may not be implied or…