Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARIN ALLEN MACK, No. 2:23-cv-1998 DB (HC) 12 Petitioner, 13 v. ORDER 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus 18 under 28 U.S.C. §2254. Both parties consented to the jurisdiction of a magistrate judge. 19 Accordingly, Chief Judge Mueller authorized the undersigned magistrate judge to rule on all 20 proceedings in this action. (ECF No. 9.) 21 Before the court is respondent’s motion to dismiss for failure to exhaust. For the reasons 22 set forth below, this court finds petitioner failed to exhaust one of his claims and gives petitioner 23 the opportunity to choose to proceed solely on the exhausted claims in his petition or seek a stay 24 of these proceedings. 25 I. Legal Standards for Motion to Dismiss 26 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a 27 petition if it “plainly appears from the face of the…