Gamboa
(HC) Hernandez v. Gamboa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEONARDO MONDRAGON No. 1:25-cv-00018-JLT-SKO (HC)
HERNANDEZ,
FINDINGS AND RECOMMENDATION Petitioner, TO GRANT RESPONDENT’S MOTION TO DISMISS v. [Doc. 9] MARTIN GAMBOA, Warden, [14-DAY OBJECTION DEADLINE] Respondent. 16 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 the instant petition on January 6, 2025. (Doc. 1.) On March 6, 2025, Respondent filed a motion to dismiss the petition. (Doc. 9.) Respondent contends that Grounds Three and Four are unexhausted. Respondent also contends that Ground Four fails to state a claim. On April 11, 2025, Petitioner filed a reply to the motion conceding Grounds Three and Four, and requests that those claims be stricken and the case proceed on remaining Grounds One and Two. (Doc. 11.) The Court…