Cueda
(HC) Leonard v. Cueda
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS FREDERICK LEONARD, No. 2:23-cv-02693-DAD-DMC (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
D. CUEDA, RESPONDENT’S MOTION TO DISMISS,
AND DISMISSING HABEAS PETITION
Respondent. (Doc. Nos. 13, 17) 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 10, 2024, the assigned magistrate judge issued findings and recommendations recommending that respondent’s unopposed motion to dismiss the pending petition for federal habeas relief (Doc. No. 13) be granted. (Doc. No. 17.) Specifically, the magistrate judge concluded that none of petitioner’s claims asserted in the operative petition were first presented to the state’s highest court for review before the filing of…