Moss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRONE MURPHY, No. 2:19-cv-1808 JAM KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOSEPH W. MOSS, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2016 conviction. On November 15, 2019, respondent filed a motion to dismiss this action on the grounds that the petition is not fully exhausted. Petitioner did not file an opposition to the motion. On January 3, 2020, petitioner was ordered to file a motion for stay. Petitioner filed a motion for stay, and respondent filed an opposition. Petitioner did not file a reply. As discussed below, the undersigned recommends that the motion to dismiss be granted, petitioner’s motion for stay be denied, that the petition be dismissed, and petitioner be granted leave to file an amended petition raising only exhausted claims. Motion to Dismiss …