CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EUGENIO MENDOZA, No. 1: 20-cv-00979-NONE-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING THE CLERK OF

CDCR, COURT TO ASSIGN A DISTRICT JUDGE

AND CLOSE CASE, AND DECLINING TO

Respondent. ISSUE A CERTIFICATE OF

APPEALABILITY

16 (Doc. No. 5) 17 Petitioner Eugenio Mendoza, a state prisoner proceeding in propria persona and in forma pauperis, has petitioned the court for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is serving a four-year state prison sentence after being convicted for making terrorist threats and is seeking federal habeas relief awarding him 33% in time credits against his sentence that he claims he has earned. (Doc. Nos. 1 at 3; 5 at 1, 3.) On July 16, 2020, the assigned magistrate judge found that petitioner had failed to exhaust his claim by presenting it first to the 24 …