(HC)Lawless

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KRISTOPHER WILLIAM LAWLESS, Case No. 1:22-cv-0523 JLT EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS IN

PART, AND REFERRING MATTER TO

BRIAN CATES, MAGISTRATE JUDGE Respondent. (Docs. 14, 23) 16 Kristopher William Lawless is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent moved to dismiss the petition, arguing Petitioner’s claim regarding the trial court’s failure to dismiss the sentencing enhancement is unexhausted and that “[u]nless Petitioner establishes that a stay is appropriate …, Petitioner must delete his unexhausted claim and proceed with his exhausted claim or the entire petition must be dismissed.” (Doc. 14 at 3.) The magistrate judge found Petitioner exhausted his claim for “ineffective assistance of counsel… for failing to set forth post-conviction mitigating…