(HC) Metcalf v. John Doe

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DENZELL MAGIC METCALF, No. 1:25-cv-00607-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TO SUMMARILY DISMISS JOHN DOE, Warden, UNEXHAUSTED PETITION 15 Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE] 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 habeas petition on May 9, 2025, challenging a prison disciplinary hearing. Because the petition appears to be unexhausted, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to…