(HC) Zunino v. Sutter County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 DWIGHT ZUNINO, Case No. 2:22-cv-00140-EFB P Petitioner, ORDER GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS AND DIRECTING THE CLERK

OF COURT TO ASSIGN A DISTRICT

SUTTER COUNTY SUPERIOR COURT, JUDGE TO RULE ON THESE FINDINGS

AND RECOMMENDATIONS

Respondent. ECF No. 6

FINDINGS AND RECOMMENDATIONS

THAT THIS PETITION BE DISMISSED AS

UNEXHAUSTED

16 ECF No. 1 17 Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, and a request to proceed in forma pauperis. He was convicted in 2020 and sentenced in October of 2021. ECF No. 1 at 2. As discussed below, the petition is unexhausted and, accordingly, it must be dismissed. The amended petition is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas…