Eaton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH LEONARD, No. 2:19-cv-0230 TLN DB P Petitioner, v. ORDER HUNTER ANGLEA, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Outstanding in this matter are respondent’s motion to dismiss and petitioner’s motion to stay. (See ECF Nos. 8, 13, respectively). For the reasons stated below, the court shall deny respondent’s motion to dismiss, and it shall grant petitioner’s motion to stay. I. RELEVANT PROCEDURAL HISTORY Petitioner filed the instant petition on February 6, 2019. (ECF No. 1). On April 11, 2019, respondent filed a motion to dismiss it on the grounds that petitioner had not fully exhausted all his claims in state court. (See ECF No. 8). 28 …