Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDEN WILLIE ISELI, Case No. 2:25-cv-1628-WBS-JDP (P) Petitioner, v. ORDER; FINDINGS AND

RECOMMENDATIONS

WARDEN,

Respondent. 16 Petitioner Branden Willie Iseli, a state prisoner, brought this section 2254 action attacking a state conviction for murder, attempted murder, and elder abuse. ECF No. 10 at 1. Respondent has moved to dismiss the petition, arguing that it is successive, untimely, and contains unexhausted claims. ECF No. 19. Petitioner has filed an opposition, ECF No. 20, and respondent has filed a reply, ECF No. 21. For the reasons stated hereafter, I agree with respondent’s argument and recommend that the petition be dismissed. No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically provided for in the rules but must be inferred from their structure and the Advisory Committee 26 …