Holbrook

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARNULFO CHAVARIN, No. 2:19-cv-01521 TLN KJN P Petitioner, v. ORDER DAVID HOLBROOK, Respondents. 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. Presently before this court is petitioner’s habeas petition, respondent’s answer, and petitioner’s traverse. (ECF Nos. 19, 21, 23.) For the reasons set forth below, the court directs the petitioner to indicate how he would like to proceed with this action. I. Exhaustion Standards The exhaustion of state court remedies is a prerequisite to granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). To waive exhaustion, respondent’s counsel must do so explicitly. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion cannot be implied or inferred. A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all…