Matterson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS HENSON JR., No. 2:22-cv-0712 KJM CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS GISELLE MATTERSON, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent’s answer was filed on July 21, 2022. Shortly after the answer was filed, petitioner filed a motion asking that his petition be stayed so that he can pursue claims other than the ones identified in his habeas petition in California courts. The court presumes that if petitioner does not succeed on his claims in California courts, he will seek to add at least one of those claims to the claims already before this court. 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). In Kelly v. Small, 315 F.3d 1063, 1070-71 (9th Cir. 2003), the Ninth Circuit found district courts have…