(HC) Sisco v. Stanislaus County Sheriff's Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HALLIS R. SISCO, No. 1:20-cv-00947-DAD-JLT (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

STANISLAUS COUNTY SHERIFF’S PETITION WITHOUT PREJUDICE

DEPARTMENT,

(Doc. No. 11) Respondent. 16 Petitioner Hallis R. Sisco 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. § 2554. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On July 10, 2020, the assigned magistrate judge issued findings and recommendations recommending that the petition be dismissed without prejudice due to a lack of jurisdiction. In particular, the assigned magistrate judge found that petitioner failed to name a proper respondent and failed to exhaust his claims by first presenting them to the highest state court prior to seeking federal habeas relief. (Doc. No.…