Sullivan
(HC) Mendoza v. Sullivan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HERIBERTO MENDOZA, No. 2:19-cv-02183 GGH P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
SULLIVAN, Warden,
Respondent. 16 Petitioner, a former state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and Local Rule 302(c). On October 29, 2019, this case was transferred from the Northern District of California where it was originally filed as Case No. 3:19−cv−05663−JSC. ECF Nos. 7, 8. On November 7, 2019, as part of its screening process, this court issued an order dismissing petitioner’s habeas petition for failure to exhaust state court remedies and provided petitioner thirty days to file a motion for stay and abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005). ECF No. 10. Petitioner was further warned that a failure to comply with the court’s order and…