Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO MICHAEL MAYORGA, No. 2:22-cv-1940 KJN P Petitioner, v. ORDER TO SHOW CAUSE CHRISTIAN PFEIFFER,1 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, together with a request to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a). 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). If exhaustion is to be waived, it must be waived explicitly by respondent’s counsel. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion, thus, may 26 Christian Pfeiffer, current warden of Kern Valley State Prison, is substituted as respondent. Fed. R. Civ. P. 25(d); see Stanley v.…