Allison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JESSE MORENO, Case No. 1:22-cv-00851-JLT-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DENY PETITIONER’S MOTION TO STAY

v. AND DISMISS PETITION FOR WRIT OF

HABEAS CORPUS WITHOUT PREJUDICE

KATHLEEN ALLISON,

Respondent. (ECF No. 14)

15 Petitioner Jesse Moreno is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the instant petition is unexhausted and Petitioner has failed to demonstrate that at least one of his unexhausted claims is potentially meritorious, the undersigned recommends denial of the motion to stay and dismissal of the petition without prejudice. I. BACKGROUND On June 21, 2022, Petitioner filed the instant petition for writ of habeas corpus. (ECF No. 1.) On July 12, 2022, the Court ordered Petitioner to show cause why the petition should not be dismissed as unexhausted. (ECF No. 9.) Thereafter, Petitioner…