Cates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFONSO HENRY MARTINEZ, No. 2:23-cv-1323 KJN P Petitioner, v. ORDER SAN JOAQUIN COUNTY SHERIFF, 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. Presently before the court is petitioner’s motion to stay this action while he returns to state court to exhaust his state court remedies. As discussed below, petitioner is granted leave to file an amended motion for stay. Background Petitioner was convicted on December 21, 2018. (ECF No. 1 at 43.) On January 15, 2020, the Third District Court of Appeal received petitioner’s appeal. The People v. Martinez, Case No. C091266. On May 17, 2022, the criminal judgment was affirmed. 25 The court may take judicial notice of facts that are “not subject to reasonable dispute because it . . . can be accurately and readily determined from sources whose accuracy cannot reasonably be…