Sherman

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLTON L. REID, No. 2:20-CV-1596-KJM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. STU SHERMAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, ECF No. 50, and Petitioner’s motion for an order staying these proceedings and holding the federal petition in abeyance, ECF No. 51. Respondent has filed a statement of non-opposition to Petitioner’s motion for a stay-and-abeyance order, ECF No. 52. This action currently proceeds on Petitioner’s second amended petition asserting a single claim of actual innocence. See ECF No. 46. In his motion to dismiss, Respondent argues that the petition must be dismissed because the claim is unexhausted. See ECF No. 50. In response, Petitioner moves for an order staying these proceedings to allow him to exhaust the actual innocence claim…