Matteson
(HC) Jacob v. Matteson
Opinion
trial_court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ANTHONY WAYNE JACOB, No. 2:22-cv-2051 DJC DB P 11 Petitioner, 12 v. FINDINGS AND RECOMMENDATIONS 13 MATTESON, 14 Respondent. 15 16 Petitioner, a state prisoner proceeding through counsel, filed a petition for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. This action was 18 administratively closed on July 21, 2023, while petitioner exhausted grounds five and six of the 19 petition in state court. (ECF Nos. 9, 11.) Presently before the court is petitioner’s motion to lift 20 the stay, amend the petition, and reopen this action. (ECF No. 16.) For the reasons set forth 21 below, the undersigned will recommend that the stay be lifted. 22 In the original petition, petitioner alleged the court should grant habeas relief because: (1) 23 the lack of sufficient evidence to support the imposition of a firearm enhancement; (2) the lack of 24 sufficient evidence to support the special circumstance; (3) the failure to…