Godwin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OMAR CABRERA, Case No. 1:20-cv-01738-ADA-HBK (HC) Petitioner,

v. ORDER FINDING RESPONDENT’S

MOTION TO DISMISS MOOT

RON GODWIN, (Doc. No. 15) Respondent.

16 17 Petitioner Omar Cabrera, a state prisoner proceeding with counsel, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). On May 27, 2021, Petitioner was granted a motion to stay so that he could exhaust his unexhausted claims before the California Supreme Court. (Doc. No. 9). On September 13, 2021 the stay was lifted and Respondent was directed to respond to the petition. (Doc. No. 12). On November 12, 2021, Respondent filed a motion to dismiss the amended petition as a “mixed petition.” (Doc. No. 15). Respondent contends the petition qualifies as a “mixed petition” because Petitioner did not present his second ground for relief, namely, that the introduction to the jury of a photograph of him with the victim when…