Covello
(HC) Ast v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 6 MORGAN RAYMOND AST, Case No. 2:21-cv-01195-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS
THAT RESPONDENT’S MOTION TO
v. DISMISS BE GRANTED PATRICK COVELLO, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 13 12 Petitioner Morgan Ast is a state prisoner seeking habeas corpus relief under 28 U.S.C. § 2254. ECF No. 1. Respondent has filed a motion to dismiss arguing that one of petitioner’s three claims is unexhausted and must be dismissed before this action may proceed. ECF No. 13. Petitioner has filed two responses to the motion, ECF Nos. 15 & 17, but does not oppose dismissal of the unexhausted claim. ECF No. 15 at 2. Thus, I recommend that respondent’s motion be granted and that the petition proceed only on the two exhausted claims. No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus…