(HC) LeBlanc v. Johnson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTOINE LeBLANC, No. 2:21-CV-1475-JAM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. JOHNSON, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss the petition based on procedural default and failure to exhaust judicial remedies. ECF No. 15. For the reasons discussed below, this Court agrees the petition should be dismissed. 21 I. BACKGROUND Petitioner was convicted of manslaughter in 2010. See ECF No. 9 at 11. On March 25, 2017, while housed at the California Health Care Facility, Stockton (“CHCF”), Petitioner received a Rules Violation Report (“RVR”), alleging he committed a battery on a peace officer. See id. at 12. On May 23, 2017, Petitioner was transferred to California State Prison in Los Angeles County. See id. Shortly thereafter, a…