Broomfield

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN MCCARTER, No. 2:22-cv-00462-KJM-CKD 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 RON BROOMFIELD, 15 Respondent.1 16 17 Petitioner is a state prisoner proceeding pro se in this habeas corpus action filed pursuant 18 to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the 19 petition on the ground that all of the claims are unexhausted. ECF No. 17. By way of opposition 20 thereto, petitioner filed a motion to stay these proceedings in order to exhaust his state court 21 remedies. ECF No. 22. For the reasons discussed below, the undersigned recommends that 22 respondent’s motion to dismiss be granted and petitioner’s motion for a stay and abeyance be 23 denied. 24 I. Factual and Procedural History 25 Following a jury trial, petitioner was convicted in the Sacramento County Superior Court 26 of two counts of rape; two counts of assault with a deadly weapon; assault to commit rape; and 27 1…