Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JARVON D. GREEN, No. 2:21-cv-1397 JAM KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

BRIAN KIBLER, Respondent. 16 Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. As set forth below, the undersigned recommends that respondent’s motion to dismiss be granted based on petitioner’s failure to exhaust his state court remedies, and failure to state a cognizable federal habeas claim. Background On April 5, 2019, petitioner was convicted of making a criminal threat and dissuading a witness from reporting a crime, and certain enhancements were found true, and he was sentenced to 16 years in state prison. (ECF No. 1 at 2.) On April 26, 2021, the California Board of Parole Hearings (“Board”) denied petitioner parole under the Determinately-Sentenced Nonviolent Offender Parole Process. (ECF No. 1 at 27 …