Robertson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DANIEL NORMAN, ) Case No.: 1:20-cv-00455-DAD-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) ) (Doc. 10) JAMES ROBERTSON, ) Respondent. ) [TWENTY-ONE DAY OBJECTION DEADLINE] ) )

On April 1, 2020, Petitioner filed a Petition for Writ of Habeas Corpus. (Doc. 1.) The Respondent has moved the Court to dismiss the action for lack of jurisdiction. (Doc. 10.) Petitioner filed an opposition on July 13, 2020. (Doc. 11.) Respondent filed a reply on July 20, 2020. (Doc. 13.) The Court recommends that the motion to dismiss be GRANTED and the petition be DISMISSED. DISCUSSION I. Procedural Grounds for Motion to Dismiss 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 entitled…