(HC) Kindred v. Superior Court of California County of Orange

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD SCOTT KINDRED, ) Case No.: 1:21-cv-00532-AWI-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) ) (Doc. 18) SUPERIOR COURT OF CALIFORNIA )

COUNTY OF ORANGE,

) [TWENTY-ONE DAY OBJECTION DEADLINE] ) Respondent. )

On June 10, 2021, Petitioner filed a first amended petition. (Doc. 11.) The Respondent has moved the Court to dismiss the action for failure to state a cognizable federal claim, failure to exhaust state remedies, failure to establish the Court’s jurisdiction, and as impermissibly vague. (Doc. 18.) The Court recommends that the motion to dismiss be GRANTED and the petition be DISMISSED. DISCUSSION I. Procedural Grounds for Motion to Dismiss Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached…