Perry

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISIAH CAMPBELL, No. 2:21-cv-2369-WBS-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS PATRICK EATON, Respondent.1 16 Petitioner is a state prisoner proceeding pro se in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the federal habeas application on the ground that it is a mixed petition containing both exhausted and unexhausted claims. ECF No. 12. By way of opposition thereto, petitioner filed a motion to stay these proceedings in order to exhaust his state court remedies. ECF No. 21, 23. Petitioner also filed a first amended habeas petition striking his unexhausted claim for relief. ECF No. 18. For the reasons discussed below, the undersigned recommends that respondent’s motion to dismiss be denied and petitioner’s motion for a stay and abeyance be granted. I. Factual and Procedural History On October 31, 2018,…