Seibel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERION DEMONTA VARNADO, No. 2:17-CV-2413-TLN-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS KIMBERLY A. SEIBEL, et al., Respondents. 16 Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 15, 2019, the court granted petitioner’s motion to stay proceeding pending exhaustion of claims in state court. See ECF No. 29 (District Judge order). That order required petitioner to file periodic status reports every 90 days commencing 90 days from the date of the order. See id. Petitioner submitted status reports on June 13, 2019, and September 11, 2019. To date, petitioner has not submitted any further status reports. The court must weigh five factors before imposing the harsh sanction of dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal Service, 833 F.2d 128,…