(HC) Howell v. Black

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RONNIE E. HOWELL, ) Case No.: 1:20-cv-00731-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT IN PART RESPONDENT’S MOTION TO v. ) DISMISS ) JASON BLACK, Executive Director of ) (Doc. 23) Atascadero State Hospital, ) ) [TWENTY-ONE DAY OBJECTION DEADLINE] Respondent. )

On October 15, 2020, Petitioner filed a second amended petition. (Doc. 19.) On December 18, 2020, Respondent filed a motion to dismiss for failure to exhaust state remedies. (Doc. 23.) Petitioner filed an opposition on January 4, 2021. (Doc. 25.) On January 11, 2021, Respondent filed a reply. (Doc. 26.) Petitioner filed a sur-reply on February 5, 2021. (Doc. 27.) Because the petition is a mixed petition, the Court will recommend Respondent’s motion to dismiss be GRANTED IN PART and Petitioner be DIRECTED to file a notice with the Court indicating whether he wishes to proceed by dismissing his unexhausted…