Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAURENCIO MARTINEZ QUINTERO, No. 2:20-cv-00200-TLN-CKD P Petitioner, v. ORDER TAMMY FOSS, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis in this habeas corpus proceeding filed pursuant to 28 U.S.C. § 2254. On March 22, 2021, the district court judge adopted the Findings and Recommendations issued on December 29, 2020, and dismissed petitioner’s second amended habeas corpus application as a mixed petition. ECF No. 32. The case was remanded for further proceedings. ECF No. 32. Petitioner is directed to file a third amended petition containing only exhausted claims within 60 days from the date of this order. Petitioner may file a motion to stay these proceedings pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), if he is exhausting his state court remedies with respect to his ineffective assistance of counsel claims.2 26 1 Petitioner’s claims for relief based on the ineffective…