Eaton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JACOB SCOTT LAKE, No. 2:20-cv-2174 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS P. EATON, WARDEN, Respondent. 15 Petitioner, a state prisoner proceeding pro se and in forma pauperis, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the Court are respondent’s motion to dismiss, ECF No. 12, and petitioner’s motion for stay and abeyance, ECF No. 20. For the reasons stated below, the undersigned will recommend that respondent’s motion be granted and that petitioner’s motion be denied. I. BACKGROUND The habeas petition was filed on October 29, 2020. ECF No. 1. Respondent was directed to file a response, ECF No. 8, and timely moved to dismiss the petition on grounds that petitioner had not exhausted his state court remedies as to two claims. ECF No. 12. …