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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RASHID D. DEARY-SMITH, No. 2:20-cv-00572 KJM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS THERESA CISNEROS, Acting Warden, Respondent. 16 Petitioner is a state prisoner proceeding with counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a status report requesting a stay based on pending state court proceedings that reasonably has the potential to moot this action. ECF No. 27. The state issue involves the applicability of Senate Bill 1437 and amended Cal. Penal Code § 188 (abrogating the “natural and probable consequence” theory to a murder conviction). The issue is currently pending before the California Supreme Court, see People v. Medrano, 42 Cal. App. 5th 1001 (2019), review granted, 459 P.3d 1121 (2020), and several other similar cases set forth in the status report. It may well be that petitioner’s case could be affected by a ruling by the California Supreme Court 25 …