Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE GUADALUPE MENDOZA, No. 1:19-cv-01521-NONE-JLT (HC) Petitioner, v. ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS AND

PATRICK COVELLO, Acting Warden of GRANTING RESPONDENT’S MOTION TO Mule Creek State Prison, DISMISS IN PART 15 Respondent. (Doc. Nos. 15, 16.)

17 INTRODUCTION Petitioner Jose Guadalupe Mendoza is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 17, 2020, the assigned magistrate judge issued findings and recommendation recommending that respondent’s motion to dismiss the pending petition be granted due to petitioner’s failure to first exhaust his claims by presenting them to the state’s highest court. (Doc. No. 16.) The findings and recommendations were served upon all parties and contained notice that any objections thereto were to be filed within twenty-one (21) days from the date of…