Sullivan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM ROUSER, No. 2: 18-cv-1659 JAM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS W.J. SULLIVAN, Respondent. 16 Introduction Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion for relief judgment pursuant to Federal Rule of Civil Procedure 60(b)(6). (ECF No. 23.) For the reasons stated herein, the undersigned recommends that petitioner’s motion be denied. Background Petitioner challenges a 2017 prison disciplinary conviction for use of a controlled substance based solely on a positive test result. Petitioner alleges that the disciplinary hearing officer violated his right to due process by removing petitioner from the hearing, which prevented petitioner from presenting evidence regarding false positive results. On November 15, 2018, respondent filed a motion to dismiss…