Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 YOULEE VANG, No. 2:20-cv-0193 WBS KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, Respondent. 16 Petitioner, a state prisoner, proceeds pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner’s sole claim is that there was insufficient evidence to support his conviction. On May 7, 2020, respondent filed a motion to dismiss the application because it is wholly unexhausted. Petitioner did not file an opposition to the motion or otherwise respond. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). If exhaustion is to be waived, it must be waived explicitly by respondent’s counsel. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion, thus, may not be implied or inferred. A petitioner satisfies the exhaustion requirement by providing the highest state court with a…