Covello

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

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