Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KANE MICHAEL THOMPSON, No. 2:19-cv-2328 KJM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS M.E. SPEARMAN, Warden, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2017 conviction in Sacramento County Superior Court. On August 12, 2021, the court found that the Second Amended Petition (“SAP”) was a mixed petition containing both exhausted and unexhausted claims and recommended that this action be dismissed. (ECF No. 37.) Presently before the court is petitioner’s motion for stay and abeyance of this action so that petitioner may seek to exhaust his claims in state court. (ECF No. 40.) For the reasons set forth below, this court will recommend that petitioner’s motion be denied. //// //// //// //// MOTION FOR STAY AND ABEYANCE I. General Legal Standards…