Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KANE MICAEL THOMPSON, No. 2:19-cv-2328 KJM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS M.E. SPEARMAN, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2017 conviction in Sacramento County Superior Court. Before the court is respondent’s motion to dismiss (ECF No. 25) for failure to exhaust grounds three and four stated in the second amended petition (“SAP”) (ECF No. 20). For the reasons set forth below, this court will recommend the motion to dismiss be granted and the SAP be dismissed with leave to amend. //// //// //// //// //// //// BACKGROUND Petitioner was convicted by a jury of one count of first degree murder and one count of second degree robbery. (ECF No. 20 at 1.) Petitioner was sentenced to life without the possibility of…