Cisneros
(HC) McGraw v. Cisneros
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH W. McGRAW, No. 2:21-cv-00176 GGH P Petitioner, v. ORDER CISNEROS, Warden, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a fully unexhausted petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. On March 2, 2021, the undersigned issued findings and recommendations recommending petitioner’s application for a writ of habeas corpus be dismissed for a failure to exhaust his state remedies. ECF No. 7. On March 9, 2021, petitioner filed objections to the undersigned’s findings and recommendations. ECF No. 9.1 In his objections, it appears petitioner may be requesting a stay of this action while he pursues his state court remedies. Id. 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. §…