McDowell

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONTERIO MAURICE ROBERTS, No. 2: 20-cv-0872 KJN P Petitioner, v. ORDER & FINDINGS &

RECOMMENDATIONS

NEIL McDOWELL, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, 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 this action in order to exhaust additional claims. (ECF No. 5.) For the reasons stated herein, the undersigned recommends that petitioner’s motion to stay be granted. Background Petitioner filed the original petition on April 29, 2020. (ECF No. 1.) This action proceeds on petitioner’s second amended petition filed October 14, 2020. (ECF No. 12.) Petitioner challenges his 2016 conviction for murder from Sacramento County. (Id.) The petition raises the following claims. In claim one, petitioner alleges that the trial court committed jury instruction error by instructing the jury on landlord/tenant…