Cueva

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY JOHNSON, No. 2:20-cv-1443 KJM AC P Petitioner, v. FINDINGS & RECOMMENDATIONS DANIEL E. CUEVA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss the petition as unexhausted, ECF No. 12, which petitioner opposes, ECF No. 23. I. Factual and Procedural Background On February 1, 2018, petitioner was convicted of nineteen counts of lewd acts on a minor and one count of furnishing marijuana to a minor and sentenced to a determinate sentence of fifty-five years and eight months. Lod. Doc. 1 (ECF No. 13-1). A. Direct Review Petitioner, with the assistance of counsel, appealed his conviction and then sought review of the appellate court’s judgement in the California Supreme Court. Lod. Doc. 3 (ECF No. 13-3). The petition raised a single issue: that…