Lewis

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