Andes

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DOUGLAS LOUIS POPKE, Case No. 1:24-cv-00779-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS UNEXHAUSTED CLAIMS AND

v. ALLOW PETITIONER TO PROCEED

WITH EXHAUSTED CLAIM

CHANCE ANDES,

ORDER DIRECTING CLERK OF COURT

Respondent. TO ASSIGN DISTRICT JUDGE

16 Petitioner Douglas Louis Popke is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As Petitioner’s first and second claims for relief are unexhausted, the undersigned recommends dismissing the unexhausted claims and allowing Petitioner to proceed with his exhausted sufficiency of the evidence claim. I. BACKGROUND On July 2, 2024, Petitioner filed the instant petition for writ of habeas corpus. (ECF No. 1.) On July 9, 2024, the Court ordered Petitioner to show cause why the petition should not be dismissed as unexhausted. (ECF No. 6.) No response to the order to show cause…