(HC) Miles v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LARRY JERMAINE MILES, Case No. 1:19-cv-00824-DAD-EPG-HC
Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS FIRST AMENDED PETITION
v. FOR WRIT OF HABEAS CORPUS
PEOPLE OF THE STATE OF CALIFORNIA, (ECF No. 10) 14 Respondent. 15 Petitioner Larry Jermaine Miles is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Given that the instant petition is unexhausted, the undersigned recommends dismissal of the petition without prejudice. I. BACKGROUND On June 10, 2019, Petitioner filed the instant federal habeas petition in the Sacramento Division of United States District Court for the Eastern District of California. (ECF No. 1). On June 13, 2019, the case was transferred to the Fresno Division. (ECF No. 4). On June 14, 2019, the Court granted Petitioner leave to file an amended petition that is signed under penalty of perjury. (ECF No. 7). On July…