Frauenheim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH HASKELL MAINE, No. 1:19-CV-00862-DAD-SAB (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

FRAUENHEIM, RESPONDENT’S MOTION TO DISMISS Respondent. (Doc. Nos. 13, 15) 16 17 Petitioner Joseph Haskell Maine 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. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 19, 2019, the assigned magistrate judge issued findings and recommendations, recommending that respondent’s motion to dismiss be granted and the unexhausted petition for writ of habeas corpus be denied without prejudice due to petitioner’s failure to exhaust his constitutional claims by first presenting them to the state high court. (Doc. No. 15.) The findings and recommendation were served on both…