(HC) Vela v. Montgomery

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MANUEL A. VELA, Case No. 1:20-cv-00588-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT PETITIONER’S REQUEST TO

v. FILE FIRST AMENDED PETITION AND

TO GRANT REQUEST TO PROCEED

W.L. MONTGOMERY, WITH KELLY STAY

Respondent. (ECF Nos. 5, 8)

ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 28, 2020, the Court ordered Petitioner to show cause why Petitioner’s mixed petition should not be dismissed for failure to exhaust state court remedies. (ECF No. 4). On May 15, 2020, Petitioner requested to file an amended petition, conceding that his ineffective assistance of counsel (“IAC”) claim “should be dismissed without prejudice until Petitioner exhausts his state remedies.” (ECF No. 5). On May 18, 2020, the Court ordered Petitioner to notify the Court…