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 action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is petitioner’s motion for a stay and abeyance in order to exhaust his state court remedies. ECF No. 34. Respondent has not filed an opposition and the time to do so has expired. I. Factual and Procedural History By order dated March 22, 2021, claims 7-13 of the second amended § 2254 petition were summarily dismissed by the district judge assigned to this case. ECF No. 32. The court further denied petitioner a stay and abeyance of claim 6 raising an ineffective assistance of counsel claim pursuant to Rhines v. Weber, 544 U.S. 269 (2005). ECF No. 32. Because claim six was unexhausted, resulting in a mixed habeas petition, it was also dismissed…