(HC) Roberson-Anderson v. Clark
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY DEVON ROBERSON- No. 2:19-cv-2399 WBS AC P
ANDERSON,
12 Petitioner, FINDINGS AND RECOMMENDATIONS v.
KEN CLARK, WARDEN,
15 Respondent.
17 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Respondent has moved to dismiss. ECF No. 11. Petitioner has not filed a response to the motion. For the reasons stated below, the undersigned will recommend that the motion to dismiss be granted, and that this action be dismissed for failure to exhaust state court remedies and for failure to prosecute. I. PROCEDURAL HISTORY The lodged state court record reflects that petitioner was convicted by a jury on September 24, 2014, of one count of first-degree murder with special circumstances, in violation of California Penal Code…