Macomber

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MOUSENG SEE, ) Case No.: 1:24-cv-01096-KES-SKO (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) [Doc. 13] JEFF MACOMBER, ) ) [21-DAY OBJECTION PERIOD] Respondent. ) ) )

17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed his petition in this Court on September 12, 2024. (Doc. 1.) On November 18, 2024, Respondent filed a motion to dismiss contending that the petition is unexhausted, violates the statute of limitations, and fails to state a claim. (Doc. 13.) On January 21, 2025, Petitioner filed an opposition to the motion to dismiss. (Doc. 16.) Respondent filed a reply on February 4, 2025. (Doc. 17.) Upon review of the pleadings, the Court finds that the petition is unexhausted, violates the statute 25 26…