McVay

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN ORTEGA MORALES, III, No. 2:24-cv-1647 KJM CSK P Petitioner, v. FINDINGS AND RECOMMENDATIONS M. McVAY, et al., Respondents. 16 I. INTRODUCTION Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the following reasons, this Court recommends that petitioner’s motion to stay (ECF No. 7) be denied and that this action be dismissed because petitioner failed to exhaust state court remedies as to all claims. II. BACKGROUND Petitioner challenges his 2018 conviction from the Butte County Superior Court for second degree murder in violation of California Penal Code § 187(a) to which petitioner pled no contest. (ECF No. 1 at 1.) Petitioner is serving a sentence of 15 years to life. (Id.) The petition raises one claim, which identifies three legal claims: ineffective assistance of counsel, violation of due process and violation of…