(HC) Simpson v. Black

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

HAROLD ROCHELLE SIMPSON, Case No. 1:21-cv-01121-JLT-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS WITHOUT

SUPERIOR COURT OF MERCED, PREJUDICE

Respondent. (ECF No. 13)

16 Petitioner Harold Rochelle Simpson is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner challenges various pretrial issues in his Merced County Superior Court criminal proceedings. As Petitioner has failed to exhaust state judicial remedies with respect to the claims he raises in the petition and mail has been returned as undeliverable more than sixty-three days ago, the Court finds that dismissal of the petition without prejudice is warranted for nonexhaustion and failure to prosecute. I. BACKGROUND On July 22, 2021, Petitioner filed a federal habeas petition in the Sacramento…