Cates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONELL THOMAS HAYNIE, No. 2:19-cv-01967 AC P Petitioner, v. ORDER M. SPEARMAN, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, a request to stay the petition pending the exhaustion of petitioner’s state court remedies, and a request to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis, ECF No. 2, will be granted. See 28 U.S.C. § 1915(a). The petition for writ of habeas corpus raises one claim: that the trial court’s 2010 finding that petitioner’s prior burglary conviction was a strike was not made by a jury, in violation of petitioner’s Sixth Amendment rights under People v. Gallardo, 4 Cal. 5th 120 (2017). Following Gallardo, petitioner obtained an amended judgment of conviction…