McVay

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW E. SANFORD, No. 2:22-cv-1304 KJM AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

BIRD, Respondent. 16 Petitioner is a state1 prisoner proceeding pro se on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Currently pending before the court are respondent’s2 motion to dismiss the petition as partially unexhausted and petitioner’s motion to stay. ECF Nos. 25, 27. I. Factual Background and Procedural History On April 23, 2014, petitioner was convicted in El Dorado County Superior Court of murder with robbery and burglary special circumstances. ECF No. 1 at 1. On February 27, 2015, he was sentenced to life without parole. Id. Petitioner, through counsel, appealed his conviction and sentence to the California Court of Appeal on the following grounds: (1) the thirty-two-year delay in prosecuting the case was 26 Petitioner is currently in county custody pending…