Torres

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIO TORRES, Case No. 20-cv-03159-PJH

Plaintiff,

ORDER LIFTING STAY AND

v. DISMISSING PETITION WITH LEAVE

TO AMEND

SCOTT KERNAN, Re: Dkt. No. 12 Defendant.

12 Petitioner, a former California prisoner, proceeds with a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was stayed so petitioner could exhaust further claims. He has filed a motion to lift the stay and indicates that the claims are exhausted. BACKGROUND Petitioner states that he pled guilty on February 5, 2015, and was resentenced on October 3, 2018, without his knowledge or consent. Petition at 7. He states that during the resentencing, restitution was imposed. Id. According to the 2015 written plea agreement, petitioner initialed that he understood that the conviction on the underlying charge would require him to pay restitution. Id. at 20. Petitioner is no longer in custody. Id. at…