Patterson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HELIODORO A. SILVA, No. 1:20-cv-01442-NONE-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

v. RESPONDENT’S MOTION TO DISMISS GIGI PATTERSON, Warden, (Doc. Nos. 25, 27) Respondent. 16 Petitioner Heliodoro Silva 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, raising a total of 13 claims for federal habeas relief. In December 2020, respondent Gigi Patterson moved to dismiss the habeas petition due to petitioner’s alleged failure to first exhaust his claims 7 to 13 by first presenting them to the state’s highest court for review. (Doc. No. at 1.) Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302, the instant federal habeas petition was referred to a United States Magistrate Judge. Petitioner failed to timely oppose respondent’s motion to dismiss his claims 7 to 13 before the findings and…