Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADAM JAY CALDWELL, Case No. 2:24-cv-2194-WBS-JDP (P) Petitioner, v. FINDINGS AND RECOMMENDATIONS WARDEN, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Respondent moves to dismiss the petition, arguing that it contains unexhausted claims. ECF No. 10. Petitioner filed a response, ECF No. 12, and respondent filed a reply, ECF No. 13. I recommend that the petition be dismissed without prejudice. Background In December 2021, petitioner was sentenced to a twenty-five-years-to-life term of imprisonment following a jury trial at which he was convicted of second-degree murder and aggravated assault on a child resulting in a death. ECF No. 11-1; ECF No. 11-2 at 1. Petitioner directly appealed his sentence and conviction. ECF No. 11-2. There, petitioner argued that: (1) the trial court erred by instructing…