(HC) Murphy v. Attorney General of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA MURPHY, No. 2:19-cv-02546 KJM GGH P Petitioner, v. FINDINGS & RECOMMENDATIONS THE ATTORNEY GENERAL OF

CALIFORNIA,

15 Respondent. 16 Petitioner, a former state prisoner, is proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion to stay proceedings. ECF No. 16. Respondent opposes the motion. ECF No. 17. After review of the filings, the undersigned will recommend the motion to stay be denied and the petition be dismissed for failure to exhaust state remedies. Exhaustion Review, again, of petitioner’s briefs and petitions filed in his state court proceedings, does not reveal that petitioner’s remaining three claims in the federal petition were properly presented to the California Supreme Court. As respondent argues, and the court agrees, neither petitioner’s counsel authored brief on direct review (ECF No. 13-6), nor petitioner’s own…