Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 RICHARD GOSZTYLA, Case No. 2:23-cv-00328-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS v. ECF Nos. 12 & 16 P. COVELLO, Respondent. 14 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. Respondent filed a motion to dismiss, arguing that four of petitioner’s claims—numbers five, seven, ten, and eleven—are unexhausted. ECF No. 12 at 3. These claims assert, respectively, that petitioner’s motion for a mistrial should have been granted, ECF No. 1 at 64; cumulative error deprived him of his right to a fair trial, id. at 84; trial counsel was ineffective in failing to object to hypothetical questions posed to an expert on child abuse expert; and the cumulative effect of the errors at trial violated his Fourteenth Amendment due process rights, id. at 142. In response, petitioner filed a motion for stay and abeyance wherein he argued that he was unaware these claims had not…