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