Covello

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TOMMY PONCE SR., Case No. 1:22-cv-00978-ADA-SAB-HC

Petitioner, ORDER DISCHARGING ORDER TO

SHOW CAUSE AND DIRECTING

v. PETITIONER TO FILE A NOTICE TO

PROCEED WITH EXHAUSTED CLAIM OR

PATRICK COVELLO, FILE A MOTION TO STAY

Respondent. (ECF No. 7)

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 5, 2022, Petitioner filed a petition for writ of habeas corpus raising the following claims for relief: (1) evidence (toxicology and crime scene reports) was unlawfully withheld from the trial court; (2) ineffective assistance of trial counsel for failure to present toxicology and crime scene reports and other exculpatory evidence at trial; (3) judicial misconduct for denying Petitioner time to hire competent attorney of his choosing, denying a Marsden motion, and denying defense counsel additional time to prepare Petitioner’s defense; and…