Broomfield
(HC) McCarter v. Broomfield
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN MCCARTER, No. 2:22-cv-00462-KJM-CKD Petitioner, v. FINDINGS AND RECOMMENDATIONS RON BROOMFIELD, Respondent.1 16 Petitioner is a state prisoner proceeding pro se in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the petition on the ground that all of the claims are unexhausted. ECF No. 17. By way of opposition thereto, petitioner filed a motion to stay these proceedings in order to exhaust his state court remedies. ECF No. 22. For the reasons discussed below, the undersigned recommends that respondent’s motion to dismiss be granted and petitioner’s motion for a stay and abeyance be denied. I. Factual and Procedural History Following a jury trial, petitioner was convicted in the Sacramento County Superior Court of two counts of rape; two counts of assault with a deadly weapon; assault to commit rape; and 27 1…