Lewis

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JULIUS M. ROBINSON, No. 2:13-cv-0604 WBS AC P 10 Petitioner, 11 v. FINDINGS AND RECOMMENDATIONS 12 G.W. LEWIS, 13 Respondent. 14 15 Petitioner, a state prisoner proceeding with counsel, brought a petition for writ of 16 habeas corpus pursuant to 28 U.S.C. § 2254 on March 28, 2013. ECF No. 1. Following the 17 Ninth Circuit’s mandate in this action (ECF No. 43), respondent’s motion to dismiss petitioner’s 18 petition (ECF No. 13) is again before this court. For the reasons set forth below, this court 19 recommends that respondent’s motion to dismiss be DENIED. 20 I. Background 21 In March 2013 petitioner filed a petition for writ of habeas corpus with six claims for 22 relief. ECF No. 1. On June 5, 2013, respondent filed a motion to dismiss the petition, arguing 23 that (1) the petition was filed after the statute of limitations had expired, and (2) claim six of the 24 petition was unexhausted. ECF No. 13. Relating to the exhaustion issue,…