Andes

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DOUGLAS LOUIS POPKE, ) Case No.: 1:24-cv-0779 JLT EPG ) Petitioner, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING v. ) UNEXHAUSTED CLAIMS, AND ALLOWING ) PETITIONER TO PROCEED WITH HIS CHANCE ANDES, ) EXHAUSTED CLAIM ) Respondent. ) (Doc. 15) )

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, raising three grounds for relief: (1) ineffective assistance of counsel; (2) prosecutorial misconduct; and (3) insufficient evidence to support conviction due to Fourth Amendment violation. (Doc. 1 at 4-5.) The magistrate judge found Petitioner did not exhaust his first two grounds for relief before the California Supreme Court. (Doc. 8; see also Doc. 15 at 2.) Petitioner elected to proceed only with his exhausted ground. (Doc. 13.) Therefore, the magistrate judge recommended the Court dismiss the…