Morales

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 HENRY DON WILLIAMS, No. 2:24-cv-2306-WBS-SCR P Petitioner, v. FINDINGS AND RECOMMENDATIONS R. MORALES, Respondent. 15 Petitioner, a state prisoner, proceeds without counsel and seeks a writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 1.) Petitioner also seeks to proceed in forma pauperis. (ECF No. 2.) Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a). However, the petition must be dismissed because petitioner has not exhausted state court remedies on the claims presented in the present federal petition. 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).1 A waiver of…