Schultz

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD SCOGGINS, No. 2:24-CV-1398-DAD-DMC-P 12 Petitioner,

FINDINGS AND RECOMMENDATIONS

13 v. 14 SCHULTZ, 15 Respondent. 16 17 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas 18 corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent's motion to dismiss. See 19 ECF No. 19. Petitioner has not filed any response to Respondent’s motion. 20 On September 20, 2024, the undersigned recommended dismissal of Petitioner’s 21 unexhausted claims and found that a stay was not warranted. See ECF No. 16, pg. 4. The 22 recommendation relied, in part, on the fact that because Petitioner’s state court exhaustion 23 proceedings are ongoing, Petitioner was entitled to statutory tolling. See id. On March 03, 2025, 24 the District Judge declined to adopt the findings and recommendations. See ECF No. 17. The 25 District Judge noted a change in circumstances due to California Supreme Court’s denial of 26 Petitioner’s habeas petition…