Cleveringa

(HC) Macklin v. Cleveringa

Good Law
United States District Court, Eastern District of CaliforniaNovember 2, 20202:19-cv-02598California1,352 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DION MACKLIN, No. 2:19-cv-02598-TLN-CKD Petitioner, v. FINDINGS AND RECOMMENDATIONS CLEVERINGA, Respondent. 16 Petitioner is a state inmate proceeding pro se and in forma pauperis in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. On April 2, 2020, respondent filed a motion to dismiss contending that petitioner’s federal habeas application does not raise any federal constitutional claim and, to the extent it does, the claim is unexhausted. ECF No. 11. Petitioner has not filed any opposition to the motion. For the reasons explained below, the undersigned recommends granting respondent’s motion to dismiss on the ground that the habeas corpus petition is wholly unexhausted.1 I. Factual Background On December 19, 2019, petitioner filed the instant federal habeas corpus application challenging his December 19, 2018 disciplinary conviction for possession of a controlled 27 1 Based on this…

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