Espinoza

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COLEEN IVA-MARIE TORRES, No. 2:19-cv-00093-DAD-CKD P Petitioner, v. ORDER AND JANEL ESPINOZA, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a state inmate proceeding through appointed counsel in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is petitioner’s motion for leave to file a first amended § 2254 petition and to stay federal court proceedings. ECF No. 38. Petitioner filed a proposed first amended petition containing four exhausted claims for relief and two unexhausted ineffective assistance of counsel claims, rendering it a mixed § 2254 petition. See ECF No. 39. Respondent has filed a statement of non-opposition to petitioner’s motion. ECF No. 40. For the reasons explained herein, the undersigned recommends granting petitioner’s motion. I. Factual and Procedural History Following a jury trial in the San Joaquin County…