Phillips

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW COPELAND MILLER, No. 2:22-cv-1270 WBS DB Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CHRISTIAN PFEIFFER,1 Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2014 conviction in the San Joaquin Superior Court. (ECF No. 1 at 2.) Presently before the court is respondent’s fully briefed motion to dismiss and opposition to petitioner’s motion for stay. For the reasons set forth below, the undersigned will recommend that the motion to dismiss be granted, the motion for stay be denied, and the petition be dismissed without prejudice.

1 Counsel for respondent notes that the current warden of the Substance Abuse Treatment Facility and State Prison, Corcoran, where petitioner is presently housed, is Bryan D. Phillips. (ECF No. 25 11 at 1.) Respondent requests that the court substitute Bryan D. Phillips as…