Peery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH VINCENT WARD, No. 2:21-cv-2220 DAD KJN P Petitioner, v. ORDER SUZANNE M. PEERY, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, which is fully briefed and submitted for decision. On January 9, 2023, petitioner filed a document styled, “Motion for Stay and Abeyance.” (ECF No. 15.) Respondent opposes the motion, and petitioner filed a reply. As discussed below, petitioner’s motion is denied without prejudice. I. Exhaustion Standards 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). A waiver of exhaustion, thus, may not be implied or inferred. A petitioner satisfies the exhaustion requirement by providing the 27 A…