Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANGELO ALEX ABILA, No. 2: 22-cv-0264 KJN P Petitioner, v. ORDER P. COVELLO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. The petition raises two claims: 1) the trial court imposed an illegal enhancement; and 2) the lawyer who represented petitioner during resentencing had a conflict of interest. Petitioner appears to contend that he raised both claims in a habeas corpus petition filed in the California Supreme Court. Petitioner alleges that he has two habeas corpus petitions pending in state court raising additional claims. 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). A waiver…