Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER FRANKLIN, No. 2:23-cv-1039 KJN P Petitioner, v. ORDER C. PFEIFFER, Warden, Respondent. 16 Petitioner, a state prisoner, proceeds pro se and in forma pauperis, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 29, 2023, it was recommended that this action be dismissed based on petitioner’s failure to exhaust state court remedies. On July 5, 2023, petitioner filed a motion to amend, and on July 11, 2023, petitioner filed objections. As discussed below, petitioner’s motion to amend is granted, and the findings and recommendations are vacated. Motion to Amend Petitioner seeks leave to amend his petition to include an ineffective assistance of counsel claim. Under the circumstances presented here, petitioner may amend his pleading once as a matter of course. Fed. R. Civ. P. 15(a)(1)(B). Thus, petitioner’s motion to amend is granted. Petitioner is advised that Rule 2 of the…