Arce

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM BLOWHEART LEE, No. 1:24-cv-01221-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS

CARLOS ARCE, Warden, TO DISMISS PETITION Respondent. [TWENTY-ONE DAY DEADLINE] 16 Petitioner is a state prisoner proceeding pro se with a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on October 4, 2024, challenging his 2021 conviction in Kern County Superior Court of second-degree murder and shooting at an inhabited dwelling. The petition appears to be unexhausted1; therefore, the Court will recommend the petition be dismissed without prejudice to refiling once exhaustion is complete. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the…