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. ORDER MARCUS POLLARD, Warden, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel. This action was stayed on June 14, 2021, in order to allow petitioner to exhaust his state court remedies. (ECF No. 33.) However, on July 23, 2021, petitioner filed a document captioned “In the Supreme Court of California,” In re: DAVID LIONEL CARPENTER, On Habeas Corpus, and styled, “Petition for Review to Exhaust State Remedies.” (ECF No. 34.) The appended proof of service attests to service on opposing counsel, the Butte County Superior Court, the Third District Court of Appeal, and the Eastern District of California, but no mention of mailing to the California Supreme Court. Indeed, review of the online records for the California Supreme Court reflect no such filing on behalf of petitioner.

The court may take judicial notice of facts that are…