Horn

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DE’ANTE WHITAKER, No. 2:25-cv-0747 TLN CSK P 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 HORN, 15 Respondent. 16 17 I. INTRODUCTION 18 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is respondent’s motion to 20 dismiss, filed May 29, 2025, on the grounds that the petition is mixed, i.e., the petition contains 21 exhausted and unexhausted claims. (ECF No. 13.) Petitioner did not file a response to the 22 motion to dismiss. 23 For the following reasons, this Court finds that the petition is a mixed petition. Petitioner 24 is granted thirty days from the date of this order to file a motion to stay this action while he 25 exhausts his unexhausted claims. If petitioner does not file a motion to stay within that time, this 26 Court will recommend that respondent’s motion to dismiss be granted. In addition, for the 27 …