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 BRIAN CATES,1 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. Petitioner challenges his 2018 conviction for, inter alia, five counts of attempted premeditated murder, and raises 22 claims for relief. On October 30, 2023, petitioner filed a notice that he no longer seeks to stay the instant petition because he has now exhausted his state court remedies. Petitioner also seeks the appointment of counsel, claiming he has new evidence that someone else was the shooter, and claims he has never received his file or discovery. The undersigned construes petitioner’s notice as a request to withdraw his motion for stay and grants the request. Considering the complexity of the legal issues involved, the court finds 26 Petitioner is now housed at the California Correctional…