Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE V. KNIGHT, No. 2:19-cv-1633 KJM KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS MARION E. SPEARMAN, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel. Respondent moves to dismiss the petition on several grounds: (1) claim three is unexhausted; (2) petitioner’s first and second claims alleging he is entitled to a youth offender parole hearing do not establish a basis for federal habeas relief; (3) such claims are barred by the one-year statute of limitations; and (4) the instant petition is moot because on October 9, 2019, petitioner waived the right to have his parole hearing. Petitioner filed an opposition, and respondent filed a reply. As set forth below, the undersigned recommends that the motion to dismiss be granted on the first and second grounds. II. Legal Standards Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a 27 …