Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACOB FISHER, No. 2:18-cv-2725-WBS-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STUART SHERMAN, Warden of the California Substance Abuse Treatment Facility,1 Respondent. 17 Petitioner is a state prisoner proceeding without counsel and seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss wherein he argues that petitioner’s claim for ineffective assistance of counsel should be dismissed for failure to allege sufficient facts to establish an actionable claim. ECF No. 11 at 2. Alternatively, respondent contends that petitioner’s ineffective assistance claim is unexhausted and must be deleted if this petition is to proceed. Id. at 4. Petitioner has submitted two functionally identical filings titled “motion to stay and abeyance and opposition to motion to dismiss and proposed first

26 1 Respondent requests that Stuart Sherman, Warden of the California…