Finn

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOEY ROBERT RUIZ, No. 2:21-cv-0668 JAM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS CLAUDE F. FINN, WARDEN, Respondent. 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. He has paid the filing fee. ECF No. 8. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court is respondent’s motion to dismiss the petition. ECF No. 22. For the reasons stated below, the undersigned will recommend that the motion be granted. I. RELEVANT FACTS AND PROCEDURAL HISTORY Petitioner, an inmate at Deuel Vocational Institute at the time the instant petition was filed,1 states that he was convicted in November 2003 of distribution of a controlled substance in

It is unclear whether petitioner remains incarcerated at this time. A recent search for…