Anglea

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN GALAFATE, No. 1:19-cv-01743-DAD-JLT (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

HUNTER ANGLEA, Warden, (Doc. No. 15) Respondent.

16 Petitioner John Galafante is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 13, 2020, the assigned magistrate judge issued the pending findings and recommendations. (Doc. No. 15.) The magistrate judge found that petitioner failed to exhaust one of the two claims he is asserting in the pending petition for federal habeas relief and on that basis recommended granting defendant’s motion to dismiss and directing petitioner to either amend his petition to remove the unexhausted claim or request dismissal of the petition without prejudice so that he may return to state…