Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 LEONARD A. SLAVEN, ) Case No.: 1:20-cv-00606-AWI-JLT (HC) ) 12 Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY RESPONDENT’S MOTION TO DISMISS 13 v. ) ) (Doc. 15) 14 C. PFEIFFER, Warden, ) 15 Respondent. ) [TWENTY-ONE DAY OBJECTION DEADLINE] ) 16 )

17 On April 29, 2020, Petitioner filed a Petition for Writ of Habeas Corpus. (Doc. 1.) The 18 Respondent has moved the Court to dismiss the action. (Doc. 15.) Petitioner filed an opposition on 19 September 24, 2020. (Doc. 17.) Respondent did not file a reply to the opposition. The Court 20 recommends that the motion to dismiss be DENIED and the Petitioner be directed to file an amended 21 petition. 22 DISCUSSION 23 I. Procedural Grounds for Motion to Dismiss 24 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition 25 if it “plainly appears from the petition and any attached exhibits that the petitioner is…