Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD VALASQUEZ GARCIA, No. 2:19-cv-0296 WBS KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT BURTON, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding in forma pauperis and without counsel. Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254, raising two claims for relief. First, petitioner claims that the trial court abused its discretion in refusing to strike his prior conviction under People v. Romero, 13 Cal.4th 497 (1996) (“Romero”). Second, petitioner alleges that the trial court’s restitution order was not supported by sufficient evidence. Respondent moves to dismiss the petition on the grounds that petitioner did not exhaust his state court remedies as to claim one, but also fails to state a valid claim for federal habeas relief as to both claims one and two. Petitioner filed an opposition and moves to stay this action to return to state court to exhaust…