Pollard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID LIONEL CARPENTER, No. 2:20-cv-0908 WBS KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS MARCUS POLLARD, Warden, 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. As discussed below, the undersigned finds that respondent’s motion should be partially granted, and petitioner’s motion should be granted. I. Background On September 17, 2015, in the Butte County Superior Court, petitioner was convicted of kidnapping, inflicting corporal injury on his ex-girlfriend, and criminal threats. (ECF No. 21-1.) Two strike allegations were sustained by the trial court, and petitioner was sentenced to an indeterminate state prison term of fifty years to life plus four years. (Id.) //// ////…