(HC) Howell v. Black

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONNIE E. HOWELL, No. 1:20-cv-00731-NONE-JLT (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING IN

v. PART RESPONDENT’S MOTION TO

DISMISS

JASON BLACK, Executive Director of Atascadero State Hospital, (Doc. Nos. 23, 29) 15 Respondent. 16 Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 18, 2020, respondent filed a motion to dismiss due to plaintiff’s alleged failure to exhaust three of his claims for federal habeas relief by first presenting them to the state’s highest court. (Doc. No. 23.) On February 12, 2021, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss be granted in part. (Doc. No. 29.) Petitioner raises four claims…