(HC) Martinez v. People of the State of Calfornia

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ABEL MARTINEZ, Case No. 1:19-cv-01078-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS WITHOUT PREJUDICE

PEOPLE OF THE STATE OF

CALIFORNIA, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE Respondent. 16 Petitioner Abel Martinez 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 July 17, 2019, Petitioner filed the instant federal habeas petition in this Court challenging his 1998 Kern County Superior Court conviction and sentence in light of new law, citing to California Penal Code section 1170(d)(1). (ECF No. 1). On September 30, 2019,1 the Court ordered Petitioner to show cause why the petition should…