(HC) Jeffries v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW JEFFRIES, No. 2:20-cv-2414 JAM KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS KEN CLARK, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the court is respondent’s motion to dismiss the petition for failure to exhaust state remedies, and petitioner’s motion for stay. Both motions are fully briefed. As discussed below, the undersigned finds that respondent’s motion should be partially granted, and petitioner’s motion should be granted. I. Background A jury convicted petitioner of first degree murder and found true the special circumstance that he intentionally killed the victim by lying in wait. (ECF No. 13-1.) The jury also found petitioner guilty of possession of a firearm by a felon, willful infliction of corporal injury, possession of a controlled substance, and falsifying a document. (ECF…