(HC) Rogers v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE DIAUNDRA ROGERS, No. 2:23-cv-0238 DJC KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel. Respondent filed a motion to dismiss the petition for writ of habeas corpus because it contains an unexhausted claim. In response, petitioner filed motions for stay and abeyance, to dismiss the unexhausted claim, and to file an amended petition. As discussed below, it is recommended that petitioner’s motion for stay be denied, respondent’s motion to dismiss the unexhausted claim be granted, and petitioner be granted thirty days in which to file an amended petition raising only his exhausted claim. II. Legal Standards Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is…