Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLIFTON ROBERT HICKS, No. 2:18-cv-2237 JAM DB P Petitioner, v. ORDER ROBERT BURTON, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the court is respondent’s motion to dismiss (ECF No. 16) and petitioner’s filing in response (ECF No. 18). For the reasons set forth below, the court will direct petitioner to indicate how he would like to proceed with this action. I. Procedural History Petitioner initiated this action by filing the petition on August 8, 2018. (ECF No. 1.) Thereafter, petitioner filed a first amended petition. (ECF No. 7.) The court screened the petition pursuant to 28 U.S.C. § 1915A(a) and directed respondent to file a responsive pleading. (ECF

1 Under the prison mailbox rule, a document is deemed served or filed on the date a prisoner signs the document and…