Matteson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME BUTLER, No. 2:21-cv-0032-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GISELLE MATTESON, Warden, Respondent. 16 Petitioner is a state prisoner proceeding with counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was filed on January 6, 2021. ECF No. 1. The same day, petitioner’s counsel filed a motion to stay the case, because petitioner, whose state criminal case has not yet become final, has not exhausted his claims in state court as required by 28 U.S.C. § 2254(b). ECF No. 2. Respondent opposes the stay. ECF No. 8. I. Governing Law Exhaustion of state remedies requires that petitioners fairly present federal claims to the highest state court, either on direct appeal or through state collateral proceedings, in order to give the highest state court “the opportunity to pass upon and correct alleged violations of its prisoners’ federal…