Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANTHONY LETRICE TOWNSEL, ) Case No.: 1:19-cv-01394-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY RESPONDENT’S MOTION TO DISMISS v. ) ) [Doc. 19] RON DAVIS, ) Respondent. ) [TEN-DAY OBJECTION DEADLINE] ) )

Petitioner filed a petition for writ of habeas corpus on October 4, 2019. (Doc. 1.) On January 14, 2020, Respondent filed a motion to dismiss the petition for lack of verification of a memorandum included with the petition. (Doc. 19.) Petitioner filed an opposition to the motion on February 4, 2020, which includes a declaration swearing to the contents of the memorandum at issue. (Doc. 21.) For the reasons that follow, the Court will recommend that Respondent’s motion be DENIED as moot. DISCUSSION I. Procedural Grounds for Motion to Dismiss Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition 25 …