Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND JOSEPH SALAZAR, No. 2:20-cv-1000 JAM AC P Petitioner, v. ORDER CHRISTIAN PFEIFFER, Respondents. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before this court is respondent’s motion to dismiss the petition. See ECF No. 11. Petitioner has not filed a response to the motion. For the reasons stated below, the court will decline to rule on the motion. Instead, respondent will be directed to file an update on the status of petitioner’s state court matter. I. RELEVANT FACTS Respondent asks that the petition be dismissed because at the time the motion to dismiss was filed, petitioner had a pending remand proceeding in state court. See ECF No. 11 at 2-3. The issue on remand…