(HC) Rood v. Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COLTON JAMES ROOD, No. 1:20-cv-01018-AWI-HBK Plaintiff, v. FINDINGS AND RECOMMENDATIONS TO

GRANT RESPONDENT’S MOTION TO

DEPARTMENT OF CORRECTIONS, DISMISS1 Defendant. OBJECTIONS DUE IN THIRTY DAYS (Doc. No. 20) 17 18 Petitioner Colton James Rood, a state prisoner, has pending a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). After being directed to show cause why the petition should not be granted, respondent filed a motion to dismiss. (Doc. No. 20). Petitioner filed an opposition to the motion to dismiss and respondent filed a reply. (Doc. Nos. 23, 28). For the reasons stated below, the undersigned recommends that respondent’s motion to dismiss be granted and the petition be dismissed as unexhausted. I. BACKGROUND Petitioner initiated this case on June 28, 2019 by filing the instant petition. (Doc. No. 1). 27 1 This matter was…