Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE V. KNIGHT, No. 2:19-cv-1633 KJM KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MARION E. SPEARMAN, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel. On November 3, 2020, the district court remanded the case for the undersigned to consider whether this case should be stayed to allow petitioner to exhaust claim three, or whether claim three should be denied on the merits. Accordingly, the undersigned vacates the findings and recommendations and addresses respondent’s motion to dismiss anew. Respondent moves to dismiss the petition on several grounds: (1) claim three is unexhausted; (2) petitioner’s first and second claims alleging he is entitled to a youth offender parole hearing do not establish a basis for federal habeas relief; (3) such claims are barred by the one-year statute of limitations; and (4) the instant petition is moot because on October…