Cates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRONE ANTHONY SHOLES, Case No. 1:21-cv-01006-DAD-HBK Petitioner, ORDER DENYING PETITIONER’S

REQUEST FOR APPOINTMENT OF

v. COUNSEL AND TO CONSTUE HIS

HABEAS PETITION AS A § 1983

B. CATES, Warden, COMPLAINT Respondent. FINDINGS AND RECOMMENDATIONS TO

GRANT RESPONDENT’S MOTION TO

DISMISS 1 FOURTEEN-DAY OBJECTION PERIOD (Doc. No. 14) 19 Petitioner Tyrone Anthony Sholes (“Petitioner” or “Sholes”), a state prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 on May 11, 2021. (Doc. No. 1). In response, Respondent filed a motion to dismiss and the state court record

1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2019). 2 Although filed on June 14, 2021, the Court applies the…