Matteson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANTHONY WAYNE JACOB, No. 2:22-cv-2051 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MATTESON, Respondent. 15 Petitioner, a state prisoner proceeding through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. Petitioner argues the court should grant habeas relief because: (1) the lack of sufficient evidence to support the imposition of a firearm enhancement; (2) the lack of sufficient evidence to support the special circumstance; (3) the failure to declare a mistrial; (4) the failure to consider petitioner’s ability to pay before imposing restitution and fines; (5) the ineffective assistance of counsel; (6) petitioner’s actual and factual innocence. (ECF No. 1 at 47-75.) Presently before the court is petitioner’s motion for stay. (ECF No. 2.) Therein, petitioner seeks a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003).1 …