Roberts

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTOINE BARNES, No. 1:20-cv-00454-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TO SUMMARILY DISMISS

HANFORD SUPERIOR COURT JUDGE UNEXHAUSTED PETITION

ROBERTS, [TWENTY-ONE DAY OBJECTION Respondent. DEADLINE] 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed the instant habeas petition on March 30, 2020, challenging his March 24, 2020, conviction in Kings County Superior Court. Because the petition is unexhausted, the Court will recommend it be DISMISSED WITHOUT PREJUDICE. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not 26…