(HC) Thurman v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH LLOYD THURMAN, No. 2:20-cv-0079-KJM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS RAYMOND JOHNSON, 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. Currently pending are petitioner’s claims that his trial and appellate counsel provided ineffective assistance, and the question of whether those claims – which have not been exhausted in state court – should be dismissed. ECF Nos. 12, 30, 31. For the reasons that follow, the case should be stayed while petitioner returns to state court to exhaust his ineffective assistance of counsel claims. I. Background Petitioner filed this case on January 10, 2020 alleging a claim of juror bias. ECF No. 1. On March 19, 2020, petitioner filed a supplemental brief alleging ineffective assistance of counsel (“IAC”) claims regarding trial counsel’s failure to present a…