Pallares

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LISA MARIE BELYEW, No. 2:19-cv-0294 DAD AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MICHAEL PALLARES, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, seeks habeas relief pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before this court is respondent’s motion to dismiss. ECF No. 19. Petitioner filed an opposition with a request to stay these proceedings, and respondent filed a reply. See ECF Nos. 30, 31. Petitioner also filed an application for a certificate of appealability and a request to augment the record along with a request for an extension of time to file an amended petition. ECF Nos. 26, 34. For the reasons stated below, it is recommended that respondent’s motion to dismiss and petitioner’s application for a certificate of appealability be denied. …