Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KANE MICHAEL THOMPSON, No. 2:19-cv-2328 KJM DB P Petitioner, v. ORDER M.E. SPEARMAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before this court is respondent’s motion to dismiss the petition. (ECF No. 9). For the reasons stated herein, the court will deny the motion without prejudice, and it will direct petitioner to file a first amended petition. I. RELEVANT PROCEDURAL HISTORY On December 6, 2019, respondent was ordered to file a response to the instant petition within sixty days. (ECF No. 5). On January 31, 2020, respondent filed the instant motion to dismiss. (ECF No. 9). In support of the motion, respondent ultimately asserts that the manner in 28 …