(HC) Avery v. Arias

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STERLING LAMONT AVERY, No. 2:23-cv-1612 DJC KJN P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROBERTO ARIAS, Warden, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 under 28 U.S.C. § 2254. Petitioner challenges his 2020 conviction for first degree murder with a 19 gun enhancement. Respondent’s motion to dismiss and petitioner’s motion for stay are before the 20 court. 21 As discussed below, the undersigned recommends that…