(HC) Lewis v. The People of the State of CA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOEL LADON LEWIS, No. 2:22-cv-01307 WBS DB P Petitioner, v. ORDER PEOPLE OF THE STATE OF CALIFORNIA, California Superior Court in the County of San Joaquin, Respondent. 17 Petitioner, a state prisoner, proceeds pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his convictions for murder and other offenses and the resulting sentence imposed in the San Joaquin County Court. As set forth below, the petition is a mixed petition containing both exhausted and unexhausted claims and must be dismissed. Petitioner will be granted thirty days to file an amended petition raising only exhausted claims. 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 respondents’ counsel. 28 U.S.C. § 2254(b)(3).1 A waiver of exhaustion, 27 1 …