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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 7 RANDY SIFUENTEZ, Case No. 2:21-cv-01244-WBS-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED UNKNOWN, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 20 13 Petitioner Randy Sifuentez, a state prisoner, proceeds on his first amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 14. Respondent has filed a motion to dismiss, ECF No. 20, arguing that petitioner’s conviction is not yet final and, in the alternative, that his claims are unexhausted. Petitioner has filed a brief opposition to the motion. ECF No. 22. I recommend that respondent’s motion be granted. No habeas rule explicitly applies to a motion to dismiss a habeas petition, see Hillery v. Pulley, 533 F. Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically provided for in the rules but must be inferred from their…