Schultz

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD SCOGGINS, No. 2:24-cv-01398-DAD-DMC (HC) Petitioner,

ORDER DECLINING TO ADOPT FINDINGS

v. AND RECOMMENDATIONS AND

DENYING BOTH PETITIONER’S MOTION

SCHULTZ, FOR A STAY AND RESPONDENT’S

MOTION TO DISMISS WITHOUT

Respondent. PREJUDICE TO THEIR RENEWAL (Doc. Nos. 7, 14, 16) 17 Petitioner, a prisoner proceeding pro se and in forma pauperis, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 20, 2024, the assigned magistrate judge issued findings and recommendations recommending that respondent’s unopposed motion to dismiss the petition (Doc. No. 14) as unexhausted be granted and petitioner’s motion for a stay and abeyance of this federal habeas proceeding pending exhaustion of his claims be denied.…