Arias

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STERLING LAMONT AVERY, No. 2:23-cv-1612 DJC KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERTO ARIAS, Warden, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2020 conviction for first degree murder with a gun enhancement. Respondent’s motion to dismiss and petitioner’s motion for stay are before the court. As discussed below, the undersigned recommends that petitioner’s motion for stay be denied, respondent’s motion to dismiss be granted, and that petitioner be granted leave to amend to assert only exhausted claims one through four. 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 not entitled to relief in the district court. . .…