Moore

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE DeJESUS RODRIGUEZ, No. 2:19-CV-0226-MCE-DMC-P Petitioner, v. FINDINGS AND RECCOMMENDATIONS STEVE MOORE, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s unopposed motion to dismiss (ECF No. 29). Respondent argues the petition should be dismissed for failure to exhaust state court remedies. 21 I. BACKGROUND A. State Court Proceedings There appears to be some confusion as to the record of petitioner’s state conviction. In his petition, petitioner claims to have been convicted of assault and battery in San Joaquin County Superior Court on January 14, 2019. See ECF No. 1, pg. 1. He alleges to have submitted an appeal, but his petition states that the appeal was submitted in 2018, a year prior to his supposed conviction. Id. at 2.…