Becerra

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 SANTIAGO COVARRUBIAS, Case No.: 19-cv-00546-BAS-WVG

Petitioner, ORDER: 12 v. (1) DENYING MOTION FOR STAY

AND ABEYANCE WITHOUT

NEIL McDOWELL, Warden, et al., PREJUDICE AND WITH

LEAVE TO RESUBMIT

Respondents. [ECF No. 24];

AND

(2) REMANDING TO

MAGISTRATE JUDGE

[ECF No. 17] 18 Santiago Covarrubias is a state prisoner proceeding pro se and in forma pauperis with a First Amended Petition (“FAP) for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, claiming his Fifth, Sixth and Fourteenth Amendment rights were violated because no evidence corroborated his accomplice’s testimony (claim one) and because the court admitted overly prejudicial evidence (claims two and three). (ECF No. 8.) His FAP also presents a state law sentencing claim (claim four). (Id.) Respondent Neil McDowell has filed an Answer contending it “appears” Petitioner has exhausted state court remedies as to all claims in the FAP, and arguing habeas relief is unavailable…