Cueda

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS FREDERICK LEONARD, No. 2:23-cv-02693-DAD-DMC (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

14 D. CUEDA, RESPONDENT’S MOTION TO DISMISS,

AND DISMISSING HABEAS PETITION

15 Respondent. (Doc. Nos. 13, 17) 16 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 10, 2024, the assigned magistrate judge issued findings and 21 recommendations recommending that respondent’s unopposed motion to dismiss the pending 22 petition for federal habeas relief (Doc. No. 13) be granted. (Doc. No. 17.) Specifically, the 23 magistrate judge concluded that none of petitioner’s claims asserted in the operative petition were 24 first presented to the state’s highest court for review before the filing of…