Cleveringa

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DION MACKLIN, No. 2:19-cv-02598-TLN-CKD 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 CLEVERINGA, 15 Respondent. 16 17 Petitioner is a state inmate proceeding pro se and in forma pauperis in this habeas corpus 18 action filed pursuant to 28 U.S.C. § 2254. On April 2, 2020, respondent filed a motion to dismiss 19 contending that petitioner’s federal habeas application does not raise any federal constitutional 20 claim and, to the extent it does, the claim is unexhausted. ECF No. 11. Petitioner has not filed 21 any opposition to the motion. For the reasons explained below, the undersigned recommends 22 granting respondent’s motion to dismiss on the ground that the habeas corpus petition is wholly 23 unexhausted.1 24 I. Factual Background 25 On December 19, 2019, petitioner filed the instant federal habeas corpus application 26 challenging his December 19, 2018 disciplinary conviction for possession of a controlled 27 1 Based on this…