Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO MICHAEL MAYORGA, No. 2:22-cv-01940 WBS KJN P Petitioner, v. ORDER AND ORDER TO SHOW CAUSE CHRISTIAN PFEIFFER, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus under 28 U.S.C. § 2254. On February 27, 2023, respondent filed a motion to dismiss the habeas petition alleging that claim five is unexhausted. Petitioner did not file an opposition to the motion1 or otherwise demonstrate he exhausted claim five. For the reasons set forth below, the court directs the petitioner to indicate how he would like to proceed with this action. I. Exhaustion Standards The exhaustion of state court remedies is a prerequisite to granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). To waive exhaustion, respondent’s counsel must do so

Local Rule 230(l) provides in part: “Failure of the responding party to file written opposition or to file a…