Pfeiffer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CARLOS CERVANTES, ) Case No.: 1:22-cv-00175-NODJ-SKO (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) [Doc. 28] BRIAN CATES, Warden, ) ) [21-DAY OBJECTION PERIOD] Respondent. ) ) )

17 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is represented in this action by Aaron Spolin, Esq. Petitioner filed his petition in this Court on February 11, 2022, along with a motion to stay the proceedings to exhaust Grounds Five and Six. (Docs. 1, 3.) On September 2, 2022, the Court granted Petitioner a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003). (Docs. 6, 9.) Meanwhile, Petitioner pursued a single round of collateral review in the state courts as follows: San Joaquin County Superior Court January 18, 2022: Petition filed. March 2, 2022:…