Eaton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUTHER D. FRAZIER, No. 2:21-cv-01901 WBS DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

P. EATON, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2016 conviction for first degree murder entered in the Sacramento County Superior Court. Petitioner has submitted a declaration that makes the showing required by § 1915(a) for a request to proceed in forma pauperis under 28 U.S.C. § 1915. (ECF No. 9.) Accordingly, the request to proceed in forma pauperis will be granted. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). If exhaustion is to be waived, it must be waived explicitly by respondent’s counsel. 28 U.S.C. § 2254(b)(3).1 A waiver of exhaustion, therefore,

1 A petition may be denied on…