D'Agostini

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NORMAN JOHN CRAIG, No. 2:18-cv-2612 JAM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS JOHN D’AGOSTINI, Respondent. 16 I. Introduction Petitioner is a county jail inmate, proceeding without counsel. Respondent moves to dismiss the petition on the grounds that petitioner fails to state a valid claim for federal habeas relief, and because petitioner failed to exhaust his state court remedies as to all of his claims. Petitioner filed an opposition; respondent did not file a reply. On September 13, 2019, petitioner was granted thirty days to file a motion for stay, but petitioner did not respond. As set forth below, because the petition is a mixed petition raising both exhausted and unexhausted claims, petitioner’s unexhausted claims should be dismissed without prejudice, and his Fourth Amendment claim should be denied. II. Background On March 28, 2018, petitioner was found guilty of resisting a police…